HomeMy WebLinkAbout1.0 ApplicationJOHN A, THULSoN
EDWARD MULHALL, JR.
Scorr BaLcoMB
LAWRENCE R. GREEN
TrMorHy A. THULSoN
LoRr J. M. SaTTERFTELD
EDwaRD B. OLszEwsKt
DAVID SANDoVAL
CHRrsrof,HER L. GEtcER
ANNE MARIE CALLAHAN
EBALCOMB & Gnprcnu, p.C.
ATTORNEYS AT I]A\^/
p. O. DR_A.\VER Z9O
818 CoLoRADo A\/ENL.TE
GLENwooD SPRTNGS, CoLoR{Do a1602
Telephone: 970.945.6546
Facsimile: 970.945.9769
January 25,2001
$*r, vED rAN z s w
OF CouNsEL:
KENNETH BaLcoMB
VIA HAND DELIVERY TO:
Mark Bean, Planning Director
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Roaring Fork ll/uter & Sanitation District
Dear Mark:
In accordance with our discussion earlier this week, I am enclosing twenty copies of a
proposed Service Plan Amendment for the Roaring Fork Water & Sanitation District.
I believe that there are two statutes relevant to the submission and processing of the proposed
Service Plan Amendment. The first is C.R.S. 32-1-207(2) which provides that rniterial
modifications to a special district service plan may be made by the County Commissioners of the
County which approved the original service plan "in substantially the same manner as is provided
for the approval of an original service plan; but the processing fee for such modification piocedure
shall not exceed $250.00."
The second relevant statute is C.R.S. 32-l-202which sets out the process for submission and
review of an original service plan and provides that a service plan shall be submitted to "the county
clerk and recorder for the county commissioners." As you can see from the enclosed copy of my
letter, I have therefore submitted the original Service Plan Amendment to Mildred Alsdorf, together
with the statutory processing fee of $250.00. Simultaneously, I have submitted copies of the Sirvice
Plan Amendment to the Division of Local Government and the Colorado State Auditor in accord
with my reading of C.R.S. 32-t-202(l).
C.R.S' 32-l-202(l) also sets forth a somewhat (in my mind) confusing schedule by whicha service plan is to be reviewed by the Planning Commission and the Board of County
Commissioners. After you have had a chance to consider all of this, I would appreciate it if you
Re:
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BALCoMTB & Gnrcpr.u, *.1
AI''I'ORNEYS A't' I-A.W
Mark Bean, Planning Director
would give me a call so that we can discuss the review process, hearing dates, etc.
Thank you very much for your consideration.
Very truly yours,
BALCOMB & GREEN. P.C.
LRG/bc
Encls.
xc: Don Deford, Esq. (w/one encls.)
January 25,2001
Page 2
JoHN A. THULSoN
EDWARD MULHALL, JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
LoRr J. M. SarrERFlELo
EDwaRo B. Ouszewsxt
DAVro SANDovaL
CHRISTOPHER L. GEIGER
ANNE MARIE CALLAHAN
fBAr,coMB & GnPrcN, P.C.
ATTORNEYS AT IJA.W
P. O. DR^\VER 79O
8 18 COI,ORADO A}.ENI.]E
GT,ENIVOOD SPRINGS, COLORADO A I602
Telephone: 970.945.6546
Facsimile: 970.945.9769
January 25,2001
OF COUNSEL:
KENNfrH BALCOMB
VIA HAND DELIVERY TO:
Mildred Alsdorf
Garfield County Clerk and Recorder
109 8'h Street
Glenwood Springs, CO 81601
Re: Roaring Fork lYiler & Ssnitation District
Dear Mildred:
On behalf of the Roaring Fork Water & Sanitation District, and in accordance with the
provisions of c.R.S. 32-l-207(2) and c.R.s. 32-l-202(l), I am herewith submitting to you a
p.oposed Service Plan Amendment. Also enclosed is our check made payable to the Garfield
bornty Treasurer in the amount of $250.00 which is the maximum process fee for a service plan
amendment as stated in C.R.S. 3z-l-207(2). As required by C.R.S. 32-l-202(1), by copy of this
letter I am simultaneously delivering a copy of the Service Plan Amendment to the Division of Local
Govemment and the State Auditor's office.
Finally, under copy of a separate letter, I am providing Mark Bean with twenty copies of the
proposed Service plan Amendment. Mark and I havg already discussed this application and he
indicated that he would like twenty copies of the Service Plan Amendment and would then handle
the distribution of copies to the Board of County Commissioners and Planning and Zoning
Commission members as appropriate.
e
BALCoMB & Gn-rcrclv, rl)
A.I''I'ORNEYS A'I' IrAIV
Mildred Alsdorf
Thank you very much for your attention to this matter.
call if you have any questions.
January 25,2001
Page2
Please do not hesitate to give me a
Very truly yours,
LRG/bc
Encls.
xc: Division of Local Government (w/encls.)
Colorado State Auditor's Office (w/encls.)
Mark Bean, Planning Director (w/out encls.)
Don Deford, Esq. (w/out encls.)
BALCOMB & GREEN, P.C.
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ROARING FORK WATER AND SANITATION DISTRICT
SERVICE PLAN AMENDMENT
Decemb er, 2000
PREPARED BY
Schmueser Gordon Meyer, Inc.
Balcomb & Green, p.C.
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The Roaring Fork water & Sanitation District (the "District,,) respc.cttirlly petitio.s
the Board of county co.rmissiouers of Garfield CoLrnty (the',conimissioners,,) to approve
the within Service PIan Arnendnrent pulsuant to colorado's Special District Act (the ,,Act,,),
c'R's' $$32-l-101 et' 59.q' This proposed Service Plan Amendment is submitted i,
accordance with the pror,.isions of C.R.S. 32_l_207(Z) and other applicable provisions of the
Act.
I.
INTRODUCTION
The District was formally organized and created as the Aspen Glen water &
Sanitation District by order of the District court, Garfield county, entered on May 5,1994,
in civil Action No' 94cv29' A copy of the order is attached as Exhibit A. The service
Plan for the Aspen GIen water & Sanitation District (the "service plan,,) was approved by
the commissionersonJanuary 3l,Tgg4inResolutionNo. g4-00g. AcopyofResoluti ong4-
008 is attached as Exhibit B. The District's name was changed to the Roaring Fork water
& Sanitation District by order of court entered on July 13, 199g. A copy of the order
approving the name change is attached as Exhibit C.
The District was originally organized to be the entity that would own and operate the
domestic water and wastewater treatment facilities which would provide such services to the
Aspen Glen Planned unit Development ("Aspen Glen"). As initially organized, the District
boundaries were co-extensive with the boundaries of Aspen Glen and included
approximately 938 acres' In accordance with the Service pran, the developer of Aspen Glen
has constructed the wells, water treatment facilities, water storage facilities and transmission
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facilities necessary to provicle water service to all of Aspe, Gle, at b,ild-oLrt. Also as
required in the Service Plan, the Aspe, Glen developer designed a rvastewater treatrnent
facility which would be capable of providing regionalized wastewater treatment services to
Aspen Glen and other properties as identified in the Service plan. The first phase of this
regionalized wastewater treatment facility together with all collection lines, have been
constructed and are now in service. Presently, the District is providing water and wastewater
services to approximately 103 residential units within Aspen Glen, as well as the Aspen Glen
clubhouse' the golf maintenance facility, and the Aspen Glen administrative and sales
offices' As required by the Service Plan, the Aspen Glen developer has transferred to the
District all of the water and wastewater facilities that have been constructed.
During the proceedings before the commissioners on the service plan, the issue of
tegionalization of wastewater service was of significant importance to the State, the county
and neighboring property owners. As a result the Service plan recognizes that the District,s
wastewater treatment facility will ultimately provide service to an area significantly greater
than just Aspen Glen' The Service Plan describes two additional areas as capable of being
served with wastewater treatment by the District pursuant to c.R.s. $ 32- I -401 . These areas
are defined as the "seryice Area" and the "Expanded Service Area,,in a report commissioned
by the colorado Department of Health and entitled "wastewater Management Study for the
Lower Roaring Fork Valley" (the "wastewater Management Study,,).
The "service Area" can be generally described to include the following: l) the
crystal River Ranch, presently undeveloped and lying southwesterly of Aspen Glen; 2) the
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Coryell Ratlch' now being developed and lying immediately sor-rth ofAspe, Glen, and 2) the
Burry Property, undeveloped, and lying generally to the east of Aspen Glen.
The "Extended Service Area" can be generally described to include the following:
1) the Rose Ranch PUD whicir lies to the north of Aspen Glen and which has zoning and
preliminary plan approval by the county for an approxima rely 322 unit residential
subdivision; 2) the Sanders Ranch. the presently undeveloped land lying to the east ofAspen
Glen; and 3) the developed property lying to the north and east of Aspen Glen which is
identified as "mid-way" in the wastewater Management Study and generally lies within an
approximate one-half mile radius of the southerly intersection of colorado State Highway
82 and Garfield County Road 154.
The Service Area and Expanded Service Area, as defined in the wasterryater
Management Study and the Service Plan, will hereinafter be referred to collectively as the
"Regional Service Area.,,
At the time of the District's creation, the lands within the Regional Service Area were
either only partially developed or completely undeveloped. There were no foreseeable
development plans' That situation has changed. There are now two major subdivisions
within the Regional Service Area at various stages of development and other deveropments
have been proposed' The existing domestic water facilities in the Regional Service Area are
insufficient to meet the demand to be created by these new developments. wh;e each of the
new developments have plans for the construction ahd installation of stand-alone water
facilities' the efficiencies and economies of scale of regionalized water service by the District
have become apparent' The developers of both the coryell Ranch pUD and Rose Ranch
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PUD have therefbre requested that their water systems be inte-qrated r,vith the District,s
system a,d that the District assLlltle ownership and operation of a regionalized water system.
Negotiations among the District and developers to accomplish this are virtually complete.
However' although the 1994 Service Plan contains annexation policies designed to
facilitate the inclusion of property within the Regional Service Area into the District for
purposes of wastewater treatment service, Service Plan at p. l0-l2,the District,s ability to
provide domestic water service is restricted under the Service plan to the District,s initial
boundary' The Service Plan expressly states that the District must first obtain approval for
a Service Plan modification before it can provide "domestic water service outside its initial
boundaries'" Exhibit o to Service Plan. This Service plan Amendment is submitted for the
purpose of obtaining such approval. The Service plan's provisions related to waster,vater
treatment services will not be affected by this Service plan Amendment.
II.
STATUTORY RE QUIREMENTS
Material modifications of a special district's service plan are subject to approval by
the Board of county commissioners "in substantially the same manner as is required for the
approval of the original plan'" c.R.s. 532-l-207 (2). This Service plan Amendment should
be approved by the commissioners because it includes all necessary criteria and
demonstrates by satisfactory evidence the following requirements of c.R.S. $32_l_203:
A' There is sufficient existing and projected need for organized water service in
the Regional Service Area:
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B' The existing water service in the Regional Service Area is inadeqr-rate fbr
present and pro-jected needs:
C.The District is capable of providing economical and sr-rfficient service to the
Regional Service Area;
The Regional service Area has, or wilr have, the financial ability to discharge
any proposed indebtedness on a reasonable basis;
Adequate service is not, or wiil not be, available to the Regionar Service Area
through the county, other existing municipal or quasi-municipal
corporations, including other existing special districts, within a reasonable
time and on a basis comparable to that sought to be provided by the District;
The facility and service standards of the District are compatible with the
facility and service standards of Garfield County;
The District's Amended Service plan is in substantial compriance with the
1995 Garfield county comprehensive plan for Study Area one
("comprehensive plan"), which encompasses the Regional Service Area;
The Service Plan Amendment is in compliance with all duly adopted county,
regional, or state long range water quality management plans for the Regionar
Service Area;
Authorizing the District to be the provider of domestic water service within
the Regional Service Area will be in the best interests of the owners of
property in that Area.
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Accordingly, this Amencled Service Plan includes a description of existing services
provided by the District (Section IIIA); a description of existing domestic water service in
the Regional Service Area (Section IIIB); a description of approved subdivisiols rvithin the
Regional Service Area an,J thcir requests to receive domestic water service from the District
(Section IV); a statement of the advantages of having the District become the regional
provider of domestic water service (Section vA); a statement of policies by which the
District will provide regionalized domestic water service (Section vB); a general description
of the facilities to be constructed (Section vI); a financial plan (Section vII); and a statement
of compliance with the counry's comprehensive plan (Section vIIf.
ilI.
DESCRIPTION OF EXISTING SERVICES
A. The District,s Existing Domestic lf/ater Service.
The developers of Aspen Glen have constructed all water facilities necessary to serve
Aspen Glen at build out and dedicated them to the District. These include wells, treatment
facilities' storage tanks, transmission and distribution mains, and appurtenant facilities.
The District is cunently supplied through wells drilled into the Roaring Fork
alluvir-rm' Two of the wells have well pumps and drop pipes installed and are currentlv in
use. A third well will be put on line in the near future.
The three wells have been pumped tested in excess of 700 gpm. The combined
capacity of the three welrs is r340 gpm: (weil No. 2 -- 450 gpm, welr No. 3 -_ 690 gpm, and
well No' 4 -- 200 gpm)' The capacity of the three wells exceeds the District,s projected
maximum day demand of approximately 700 gpm for Aspen Glen at build out. This leaves
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an excess capacity of 640 gpm or 921,600 -epd. Tlie excess capacity has the pote,tial to
service an addition al tztzsto 3072 EQRs depending upon actual r.vater use within Aspen
Glen and whether new developments provide for secondary irrigation systems. In addition.
the District has easements for an additional 4 wells which may be located within Aspen Glen.
The three existing wells pump water to a well house and chlorination treatment facility.
water from the wells is pumped to a below grade clear-well where the raw water is
chlorinated through the injection of a chlorine solution fed from gas chlorine cylinders. After
30 minutes of detention time, water is pumped through a series of distribution and
transmission mains to two remote above ground welded steel water storage tanks.
The District currently owns and operates two storage tanks. one tank, located on the
east side of Highway 82, has a capacity of 700,000 gallons. The second tank, located west
of county Road 109, has a capacity of 300,000 gallons. Both tanks are located at the same
base elevation of 6200 feet' The tanks are tied together by a series oftransmission mains and
Iooped distribution mains' Individual distribution lines are looped to the greatest extent
practicable, thereby minimizing dead_end lines.
All water usage within the District is metered and biilings for all water service are
based on actual water use' The District has adopted a block rate structure to encourage water
conservation.
B. Existing Ll/ater Service in The Regional Service Areo.
The water service in the Regional Service Area outside of Aspen Glen currently
consists of individ.al wells and small community water systems. They are owned by
individuals' private corporations, or homeowners' associations. Several of the systems have
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a history of substantial failure. The r,vells that service the commercial area at tl-re '.mid-way..
area are in close proximity to individr,ral sewage disposal systems (lsDS) which could result
in groundwater contamination problems in the future. Because of a iack of storage capacity
in this area, there is a lack of adequate fire protection. None of the systems cu*ently
operating in the Regional Service Area, except for the District's existing system within
Aspen Glen, meet municipal qr-rality water system standards.
IV.
REQUESTS FOR SERVICE
As indicated earlier, the District has received a number of requests to be the water
service provider within the Regional Service Area. These requests are outlined below.
A. Coryell Ranch.
The coryell Ranch Planned Unit Development has received puD, preliminary plan,
and Final Plat approval from Garfield County. The Coryell Ranch pUD consists of two
separate subdivisions: coryell Ranch Subdivision, containing 29 units, and Midland point
Subdivision, containing 43 units. The Final Plats for both coryell Ranch and Midland point
Subdivisions were recorded on January I 8, 2000. In accordance with the approval of coryell
Ranch PUD, coryell Ranch and Midland Point Subdivisions will receive wastewater
treatment service from the District. To that end, coryell Ranch puD has been anaexed into
the District by order of court dated February g, 2000 (copy attached as Exhibit D).
with respect to domestic water service, the coryell Ranch preliminary plan and Final
Plat submittals indicated that the coryell Ranch developer, at its expense, would constrLrct
an independent' stand-alone domestic water system. The application also indicated that the
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coryell Ranch water system lvould be constructed to the standards and specifications of the
District's existing system and that the necessary facilities to interconnect the Coryell Ranch
system to the District's system would be installet1. The application also proposed that the
system would be owned and operated by the Coryell Ranch and Midland point Homeowners
Associations: (i) until such time as the District obtained an amendment to its Service plan
allowing it to provide water service outside Aspen Glen; and (ii) until execution of an
agreement, acceptable to the District, which contains the terms and conditions on which the
District would accept the responsibility of owning and operating the Coryell Ranch system.
By its approval of Coryell Ranch and Midland Point Garfield County indicated its approval
ofthese concepts.
Pursuant to the County's approvals, the Coryell Ranch water system is in its final
stages of construction. The water system improvements include a well field,
chlorination'/control well house, a 200,000 gallon water storage tank, and the associated
water distribution and transmission lines. The Coryell Ranch water system has been looped
into the District's existing system by a water line under the Roaring Fork River. The Coryell
Ranch water storage tank has the same base elevation as both of the District,s existing
storage tanks.
Projected maximum day demands for both Coryell Ranch Subdivision and Midland
Point Subdivision is 53 gallons per minute. Coryell Ranch well No. 13, permitted by the
colorado Division of water Resources on March g, l9g9 under permit Nos. 05 1447-F has
been pumped tested and is capable of supplying flows significantly in excess of the
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maximum day demand for the coryell Ranch PUD and may yielcl as much as 1.000 gallo,s
per minute with a properly constructed rvell.
B. Rose Ranch.
The Rose Ranch Planned unit Development has received puD and preliminary plan
approval from Garfield County. In addition. Garfield county has approved the Final plat fbr
Rose Ranch Phase I and this Final Plat rvas recortled on September I l, 2000. Rose Ranch
PUD will ultimately consist of approximately 322 residential dwelling units. A golf
clubhouse and other amenities are also included within the development.
In accordance with the approval of Rose Ranch PUD, the development will receive
wastewater treatment service from the District. To that end, the developer of Rose Ranch
and the District have entered into a Pre-Inclusion Agreement dated February, 1999 (copy
attached as Exhibit E), which sets forth the terms and conditions upon which the District will
provide Rose Ranch with wastewater treatment service. In accordance with applicable
provisions of that Pre-Inclusion Agreement, on September I I , 2000, simultaneously with the
recording of the Rose Ranch Final Plat Phase l, the Rose Ranch developer deposited
$657'580'00 with the District to allow the District to construct an expansion of its
wastewater treatment plant when one is necessary to provide service to Rose Ranch.
with respect to domestic water service, the Rose Ranch preliminary plan and Final
Plat for Phase I indicate that the Rose Ranch developer will, at its expense, construct a water
supply consisting of two surface water diversion points, one on the Robertson Ditch, and a
second on the Roaring Fork River. The water from these surface water diversions will be
treated via chlorination, settling ponds and filtration. The treated water will be pumped to
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a 300'000 gallon storage tank located on the south-end of the site at the same base elevatio,
as the District's existing storage tanks. The Rose Ranch applications indicated that the Rose
Ranch system was designed to be a stand-alone system and would be operated by tlie Rose
Ranch Homeowners Association. However, in the application, the developer also requested
the ability to turn the system over to the District ifan Amendment to the District Service plan
was obtained and the terms on which the District would accept the system and provide
service to Rose Ranch could be negotiated between the District and the developer.
In furtherance of this request, the Rose Ranch developer committed to build all of its
water system to standards and specifications acceptable to the District and to construct a l2_
inch main line r'vhich will allow connection of the District's existing facilities to the Rose
Ranch system.
C. Other Requests.
The owner of sanders Ranch property has also asked the District to provide water
service to a development proposed for that property. The District has been advised that the
development application for the sanders Ranch property, filed in September, 2000 and now
moving through the Garfield county land use process, requests approval for a development
that is generally consistent with the Garfield county comprehensive plan for that properfy.
V.
REGIONALIZATION OF DOMESTIC WATER SERVICE
A. Advantages of Regionalizafion.
In order to respond to the foregoing requests, the District has carefully considered the
concept of becoming the regional provider of domestic water, as well as wastewater. service.
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At tliis time, the District believes that there are many advantages to having the District
provide both water and r,vaster,vater treatment service to the Regional Service Area.
The Cor-rnty. and. to the extent it has authority, the Colorado Department of psblic
Health and Environment, have both expressed a preference that water utility systerns be
owned, operated, and maintained by a governmental or quasi-governmental entity instead of
a private, individual entit,v, or homeowners' association. ownership by the latter group will
only proliferate without this Service plan Amendment.
Assuming approval of this Service Plan Amendment and successful negotiation of
final agreements' the District will own and operate a large, unified water system, with
redundant sources of supply and treatment, which will provide water service to the three
major developments approved between Carbondale and Westbank. The District will also
have the legal authority to provide water service to other properties within the Regional
Service Area that may not otherwise be able to provide for adequate water supply, water
storage, and fire protection. Customers, contractors, and the County can work with one
entity instead of many different developers or homeowners' associations. one consolidated
District providing both water and sewer service will result in one mill ler,y assessment,
service fee, and tap fee.
Because the District is already providing both water and sewer service to Aspen Glen,
it is already well-equipped to handle the transition to a regional provider of water. The
District has full operational. engineering, legal and administrative support staffs. The
District has adopted Rules and Regulations for both services. The District,s specifications
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are set up fbr both water and sewer infrastructr-rre. The District's billing system is set up for
cLlstomers receiving both water and sewer service.
consolidated water facilities will provide a safer and more reliable \,vater supply. For
example' the District will have water supplies consisting of multiple well fields and surface
water supplies' If consolidation occurs, then each property or customer will benefit from the
reliability and safety of rnultiple supplies rather than reliance on a single stand-arone system.
If the q,ality of water i, the Roaring Fork River is threatened with a hazardous waste spill,
or is subject to high turbidities during spring runoff then customers in Rose Ranch can
benefit from the ground water supplies from other well fields within the District. If a well
in Aspen Glen fails or deteriorates, a second source of supply from a surface water source
will be of great benefit.
Multiple water storage tanks will contribute to safety and reliability. Rather than rely
upon individual water storage tanks for each property, water storage through the District can
be master planned so that customers can benefit from storage in several tanks. This will also
result in the need for a smaller number of tanks. Because the largest need component of
water storage volume is fire flow, the ultimate volume required from a consolidated District
will be much less than if each individual property needed to supply fire flow volume, The
size of transmission lines from the tank to the development can be smaller if they are looped
to multiple tanks' Fire flow will be higher and more consistent from multiple tanks.
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B. Policies Regording w/ater service to trrc Regionar service Area.
Having determined that the requests from new development establish the need for
domestic water service within the Regional Service Area, and having further determined that
there are advantages to be gained by so doing, the District has concluded that it is appropriate
for the District to be the regional provider of both water and sewer. To this end the District
has examined the annexation policy set out in the Service plan and the out of District
Service Contracts attached as Exhibits to the Service Plan. These documents address the
manner in which the District's wastewater treatment facilities will be expanded and sewer
service will be provided to property which was not within the District's initial boundaries.
These documents establish the premise that the District's wastewater facilities and service
will be expanded upon the funding of the initial capital costs of new or expanded facilities
by the developer of the new property seeking service. These documents also establish that
this premise is to be uniformly applied to all properties seeking new or expanded service.
The District believes that the foregoing principals established in the Service plan
have served it well and have accommodated the expansion of its wastewater treatment
facilities and service without undue burden on existing customers or service area. The
District therefore believes that these principals can be incorporated into an analogous policy
which will allow the District to become the regional provider of domestic water service. The
District therefore proposes the following Statement of policy enumerating the terms and
conditions upon which the Roaring Fork water & sanitation District will provide domestic
water service to new development on property outside the boundaries of the Aspen Glen
PUD.
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1' An applicant for domestic water service lvill, at his expense, construct all of
the wholesale water facilities (supply, treatment, storage and main transmission facilities)
necessary to provide domestic water service to his project, and convey those wholesale
facilities to the District at no cost.
2' As an alternative to No. l, above, an applicant for domestic water service, or
his engineer, together with the District's engineer, will quantifiT the cost to such applicant if
he were compelled to construct his own independent domestic water system for the
applicant's proposed project. This cost will include the cost of facilities to provide a water
supply and water treatment' It will not include cost of water trunk lines, water service lines,
or lines to connect the new project to existing District facilities. It will not include cost of
additional water storage if a storage site exists on the applicant's property, but will include
cost of storage if the applicant wants to make use of existing District storage.
3 ' The applicant will pay to the District the sum calculated pursuant to paragraph
2, above, or an altemative sum acceptable to the District given the District,s then existing
faciiities and the need for expansion to provide service to the applicant,s project.
4' Upon such payment, the District will commit to provide water service to the
applicant's project and to build the necessary facilities to fulfill that commitment. However,
the actual use of the money paid, and the timing of such expenditures, will be in the
discretion ofthe District. The obligation to construct the source of supply and treatment will
be the District's at the time the additionar sollrce of supply is necessary.
5' The District and the applicant will enter into a tap fee recovery agreement
which will provide that the applicant may recover the cost of construction of his system, or
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the sum paid pursuant to paragraph 2, above, as the case may be, fiorn tap fees collected fiom
properties within the applicant's project
6' The applicant will be responsible for all internal delivery lines within in its
project and for connection to existing District facilities. All such facilities will be
constructed to the District's specifications and the District will have rights of inspection.
7 ' The applicant will construct additional storage if necessary and a storage site
is available, and the cost thereof is excluded in paragr aph 2, above.
8' The applicant will convey all necessary water rights to the District to enable
the District to provide water service to the applicant's project. This includes all necessary
water allotment contracts.
9' The applicant will convey all necessary easements or fee title of property to
the District for water supply and treatment sites, water lines, and other water facilities.
l0' The District will require, except in extraordinary circumstances to be
determined by the Board on a case by case basis, that all projects install a secondary
irrigation system, so all irrigating is done with untreated water in systems that are not owned,
controlled or operated by the District.
Prior to providing service to new development within the Regional Service Area, all
of the foregoing policies will be addressed and resolved to the satisfaction of the District in
Facilities Extension Agreements or Pre-Inclusion Agreements. These policies form the basis
of the agreements now being negotiated between the District and Coryell Ranch and Rose
Ranch as those properties appear to want to turn over their water systems to the District as
soon as this Service Plan Amendment is approved. Future agreements shall be conceptually
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collsistent with the tbregoing policies and tlie agreements nor,v being negotiated.
Modifications on a case-by-case basis may be necessary because of matters related to the
actual cost of construction, geographic distinctions in the property requesting such service,
the extent that the newly-included property utilizes common elements and other factors
particular to the property in question. The District will also retain the flexibility to modify
the policies when responding to requests to provide service to pre-existing development
within the Regional Service Area which now have individual wells or small community
systems.
VI.
WATER RIGHTS AND FACILITIES FOR REGIONAL SYSTEM
ll/ater Rights.
In the Service Plan, the Commissioners were informed that the developers of Aspen
Glen had filed an application for a plan for augmentation to allow for the build-out of the
entire Aspen Glen PUD. The augmentation plan was approved by the Water Court in
Division 5 in Case No. 93CWl9Z, onDecember 7,lgg5.
The Service Plan also recognized that the water rights to be used by the District were
owned by the developers of Aspen Glen. It provided that they were to be conveyed to the
District. On December 16, 1996 the appropriate water rights were conveyed to the District.
A copy of the Deed transferring those water rights to the District is attached as Exhibit F.
As stated in Policy No. 8 above, provision of water service to property within the
Regional Service Area will be conditioned upon the conveyance to the District owners of
water rights that are sufficient to enable the District to provide the service being requested.
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In fact, the developers of both Coryell Rarrcl-r and Rose Ranch have obtai'ed their o,uvn
augmentation decrees and have expressed their willingness to convey the appropriate water
rights to the District upon the District's assumption of the individual water systems.
B. Water Supply, Storage and Tronsmission.
Exhibit G is a map which shows the schematic. infrastructure necessary for the
Regional Service Area. Water supply will initially come from groundwater sources including
the Aspen Glen and Coryell well fields. These two sources are projected to able to supply
in excess of 2340 GPM (3.37 MGD). This amount of water is adequate to supply water to
3850 EQR's. This is based upon 3.5 persons per EeR, 100 Gallons per capita per day, and
a2'5 peaking factor of Maximum day to Average Day demand. This also assumes that all
development will comply with the Districts Raw Water Irrigation policy which requires that
Secondary water systems provide water for outside lawn irrigation.
The projected number of EQR's in the regional service area is 1962 asshown in
Table III-1 which projects EQR's and water requirements. A back up supply of water may
be available through a surface water treatment plant which may be located on the Rose
Ranch, which has been apartof the Rose Ranch land use application. The combination of
the existing and future ground water supplies and the potential for a surface water supply
provides redundancy of supply, more than adequate quantity and finally the flexibility that
will be required to meet the ever changing provisions of the Safe Drinking Water Act now
and into the future.
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Table III-1
ROARING FORK WATER AND SANITATION DISTRICT
REGIONAL SERVICE AREA
OCTOBER,2OOO
SGM INC.
Note: The projections of EeR's are estimates only, and are used to arow forof wholesale water and wastewater infrastucture.
future planning
vII.
FINANCIAL PLAN
The developers of Aspen Glen constructed the existing facilities described above and
transferred them to the District at no cost to the District. The District currently has no
bonded indebtedness.
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PROPERTY EQR POPULATION FLOW PER
CAPITA
(GPCD)
ADF
(GPD)
MDF
(GPD)
ASPEN GLEN 643 1929 100 1 92900 482250CRYSTAL PIYEP PA11611 320 960 100 96000 240000CORYELL7221610021 600 54000WEST CARBONDALE 18 54 100 5400 1 3500BURRY103010030007500SANDERS RANCH 120 360 100 36000 90000ROSE RANCH 354 1062 '100 1 06200 265500MIDWAY AREA 122 366 100 36600 91 500HLAZYF1103301003300082500TELLER SPRINGS 22 oo 100 6600 1 6500cATTLE CREEKINTERSEM 50 150 100 1 5000 37500MOUNTAIN MEADOWS IVHP 20 60 100 6000 1 5000WESTERN MOBILE GRAVEI PIT 61 183 100 1 8300 45750WAYNE RUDD/CATTLE CREEK 40 120 '100 12000 30000
1962 5886 588600 1471500
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It is expected that the transformation of the District into a regional provider of
domestic water service will also be accomplished without the immediate need to incr.rr debt
or to fund capital expansion. Pursuant to the Policies enumerated in Section vB, above, the
facilities extension agreements currently being negotiated with property owners within the
Regional service Area provide that the costs of expanding domestic water service will be the
responsibility of those seeking such service. Such agreements will also cover matters of
construction and reimbursement for any party who participates in the construction of water
facilities' All of these terms will be conceptually consistent with the construction and
reimbursement agreements related to wastewater facilities which are found at Exhibit J in
the Service PIan.
Pursuant to the Policies, the water supply, treatment, storage, and transmission lines
will either be constructed by the developers of the previously identified pUDs and
subsequently transferred to the District at no charge, or will be built by the District with
funds paid to it in advance by the pUD developers.
Additionally, the District will, subject to applicable law and affirmative vote of the
electors of the District, have the ability to issue general obligation bonds to make
improvements to the facilities of the District. No specific bond issues are anticipated at this
time' In the event the District should determine in the future to issue general obligation
bonds' it will be done in accordance with the Special District Act and applicable provisions
of Act. X, Sec. 20 of the Colorado Constitution.
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VIII.
COMPLIANCE WITH COMPREHENSIVE PLAN
Pursuant to this Service Plan Amendment, the District is seeking tl-re authority to
become the domestic water service provider for all property within the Regional Service
Area' The District's motivation for submitting this Service Plan Amendment is the requests
it has received from Coryell Ranch PUD and Rose Ranch PUD, developments which have
already been approved by Garfield County. Additionally, the District would like to have the
ability to provide water service to pre-existing developments within the Regional Service
Area which may be in need of safer, more reriable water service.
The District is not, by this Service Plan Amendment, seeking to construct water
supply, storage, treatment or delivery facilities which will provide capacities in excess of
those necessary to serve developments already approved and requesting service. Instead, this
Service Plan Amendment will authorize the District to provide domestic water service to the
same areaitprovides wastewater service and establishes policies by which new development
can construct or pay for expansion of the District's domestic water facilities if that
development is approved by the County. The District therefore submits that this Service plan
Amendment is in compliance with Garfield County's comprehensive plan for Study Area l.
x.
COMPLIANCE WITH STATUTORY CRITERIA
The District submits that this Service Plan Amendment satisfies all requirements for
approval and acceptance by the Commissioners pursuant to C.R.S.$ 32-l-101, et. seq. The
reqLlests for service received by the District by approved subdivisions and the advantages to
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be gained by having the District be the regional provider of both water and sewer establish
the inadequacy of existing water systems, the need fbr orgalized service and that the
expansion of the District's water service is in the best interests of the owllers of property
within the Regional Service Area. There are no other municipal or quasi-municipal
providers of domestic water service within the Regional Service Area and the County does
not provide such service. The facility and service standards for domestic water service
within the Regional Service Area will be the same as those already approved in the District,s
existing Service Plan. Finally, this Service Plan Amendment complies with the Garfield
County Comprehensive Plan and all duly adopted County, Regional and State long range
water quality management plans.
WHEREFORE, the District respectfully requests that the Board of County
Commissioners of Garfield County, Colorado, adopt a resolution approving this Service plan
Amendment for the Roaring Fork water & sanitation District.
c:\wp-docs\IGT,RFWSD\ . . . l2- 18-00
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DISTRICT COURT, GARFIELD COUNTY, STATE oF CoLoRADo
Case No. 94CVZ9
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ORDER AND DECREE CREATING DTSTR,ICT
IN RE: THE ORGANIZATION OF THE AsPEN GLEN wATER & SANITATIoNDTSTRTCT
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THfS MATTER, coming before the Court upon the Motion for OrderDeclaring _ District or{anized suumitila by the petitioners insupport of tf: Aspen Gren water & sanit"iior,-bi"iri"t, and itappearing to the court that the erection was herd on May 3, Lggl,in accordance with the order cal-I-ing Election on organizationentered by this court on April 6e 1994' (hereaft"r l;o.a"r,,)i and
rr FURTHER APPEARTNG that the aforesaid election was duly heldat the time and prace set forth in -the order and that at saidelection there wal submitted to the erigiur" electors the questionof the organization of the Aspen GIen wiier & sanitation District,Garfierd county, colorado, ani the "t"ciitn of the initiar Board ofDirectors for iuch District, together with arr questions necessaryto implement . I!" provisions it erticie x, section 20, of thecolorado constitutibn as specifiea l" -ttl order; and
rT FURTHER APPEARTNG that.the required Notice of Election wasduly pubrisheg in compliance with t-tre'itorementioned order in theValley Journarr -a news-paper of gener"r "lr"ulation in the proposedDistrict, one time, at' r^east ten aa-ys jr1o, t"-ttr. erection; thatnotice was dul.1 maired pursuant to-ariicre x, section 20 of thecororado constitulion, aid the appri";i; provisions of c.R.s. 1-5-206(2), c.R-s.. 1-5-207, and c.R.-s-. 32-1-1101(2), arl in compriancewith raw and the order; that all of the barrots which were cast atsaid election were cast by _eligibie etectors of--tt" proposedDistrict who wejre- -registerLd to- vote pursuant to the uniformElection code of L992- and who eitrrei-naa been residents of theproposed District for not less than twenty-five l25l days, or whoor whose spouse owns taxabre rear oi.-p"."o.,"r property eituatedwi-thin the boundaries of the proposed oi'strictrhi"t-ri., said personresides within the proposed bi"tri"i L. ""tr of who are obrigatedto pay taxes under i contract _to.purchasl taxabre property withinthe boundaries of the proposed Di;tric,:'
EXHIBIT A
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THE COURTquestion of the
FINDS that the followinoproposed District: 'ballots were cast on the
Votes Cast
For the organization of theAspen GIen Water & Sanitation District
Against the organization of theAspen GIen Water & Sanitation District
That the followinoDirectors of the DistriJttheir name:
qualified persons werefor the indicated terms
duly elected asset forth beside
Term
(until regular election 199g(until regular election 1996(until regular election 1996
Name
John R. Elkins
James A. WoodsTerri HartJon T. BrownMichael W. Elkins
(until regular election 199g)
!""!+1 regular etection tggei
That the following ballot issues were approved as submitted atsaid erection pursuant to c.R.s. sz-r-aoilsy and Articre x, section20, colorado cJonstitution, receivir; i;; votes indicated herein:
#1 SHAIL ASPEN GLEN WATER & SANTTATTON DISTRTCT TAXES BETNCREASED s120r0oo ANNUAT,LY or.by """tr'r."ser annual amount as mayPt.ntg":sary fe p-aY the oistricl.'=-g;"li"r costs or evidences ofindebtedness; such taxes to consi"t ti "n ad- valorem property tax,.i]1 I"ry imposed at the initiaf;; "i 2.981 mirrs t ot at suchother rate and in amounts, withoui iimitaii""r-1-,irficient toproduce the annual increase set forth abtve or such lesser amountas may be necessa-ry; and shalr the revenue from such i"*"" and anyother monies used 1o n", suc! g"r"iJ """t" or other evidences of;;i"fi;1".tfr:i}1.TJ"Tt** i"6"*e ih.;;;", be corlected ",,a "p".,io i o t h e r r i n i t a iilT ";; il ffi I 3 l?.l3" "iliirt \',",, I E I i I x " ;, ;:
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4 years
4 years
4 years
2 years
2 years
7--0-_YES
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*2 - SHALL ASPEN GLEN *ATER & sANrrATroN DrsTRrcr DEBT BE TNcREAsED$295,000 wrrH A REPAYMENT cosr. or scoor-ooo; such debt to consist ofa promissory note secured by the ."r"rrr." of the Districtr or otherevidences of indebtednes=, i=",r"Ji";-;hl pu.po"e of acquiring rearpropertyr or otherwise acquiring, - .""1tructing, initarling orcompleting any or arl facilidi"=-nJJ""!I?i ""a refated to providing
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and operating. a sanitary =?1.g. system and treatment prant, suchpromrssory note or othef evideice"'"i-i"iebtedness to be issued ata maximum net effective -interest rite--ot gt per annum, and tomature or be .payabre not more than tw.er-ve (r2r years afterissuance; and srra.r:- tr,L p.""eeds of "u"i, evidences of i,la.ut.aness,and investment income 'th"..orr, be corlected and spent by theDistrict without :"nrrg
-li afy- gxpenditure, revenue raising t otE:i::"jjtt".i=.Ji;,t"";Gin;J *iir,i,, -aili"r" .x, s";il, 20 of . tr,"
13'*-
#3 -sHAlL ASPEN GLEN WATER r r*rror* -*cT correct and spend,without limit_ation 1i.j
-fiio"eeds
"t-alit ir;;;;;J--r^Jroorins vorerapprovar after organizaiion of the ni=tri"t (ii) proceeds of advalorem taxes coliectea ior the p.y*".rt of such'alut, and (iii)revenues from -any other revenue source from which the debt ispayabre, all of wtrich proceeds ana ievenues may be corrected andspent without limitation ". condition ,nd". Artlcle x, section 20of the constiturion "i ln" siii"-'ti'coro.ado; and sharl thecollection and
_s_p_ending, of the proc""a" of such debt and revenuesfrom the tax increase r",,y to bry alii (or other revenue sourcefrom which the debt -i"- p.y"urt), -not rimit the District,scorlection and-spending oi "tt.r r.J.ro." or funds unal,. Article x,section 20 of it," coir"titution-"t-tt," state of colorado, whichproceeds and revenues may - be r"".irrIa. ".,J ;;";;-'*ithout anylimitation o.- "ondili;""'ria". articie-'x, section 20, and whichcolrection and. spending-oisuch debf prlceea= and revenues will notaffect the District," "tii.;ar;. ;;i Inllorns of other revenues and#"8:r:ll::ro..icre x, i;;11;;;il; -.i="" conltitution of the state
YES 7No-_-T--
AND IT FURTHER APPEARTNG TO THE COURT thAt thE AfOrESAid;l:"::i:r:?" herd i" ""."'1.r,"" ,itri-i.'t 8 or articil 1 or ritle
AND rr FURTHER AppEARr-NG that arl of the provisions of raw,and more parti.curarry "rioi th"-i"eJi.*"r"r,t. of Title 32, ArticreL, part 3; Title ti piit" 1-r3,-to-ror"ao nevisEJ-st"trt"=r dSAmended; and Articre x, i.."ti""'20-r--c"Jorado constitution, have|i:l.i$pried wirh, *"il "nL p"-i"irla-i" the org"r,ir"rion of the
o*rr*3*i_JXrr.???tr,.rlil"n fulty advised in the premises hereby
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The District has been dury and regurarry organizedbe known as "Aspen Gren water & sanitation oi=tfi"t,, incountyr. cororado. The organization of the Aspen Grensanitation District sharr bL effective as of uat' 3, Lggl.
In accordance with C.R.S.Court shaIl issue Certificateselected.
and shaIl
Garfield
Water &
32-1-305.5(5), the CIerk of theof Election for the Directors
said District sharl be a quasi-municipar corporation andpolitical subdivision of the State of Colorado with "it th" por"."thereof' The facilities, services and financial arrangements oftire District sharr conform as f.r as pricticabre to th6 approvedservice Pran and Resorution of approiar of the Board of'Lountycommissioners of Garfierd count_y, -c-ororado. The approved servicePlan and Resoruti_on of Approrr"li'r.q,rired by ritle'32, Articre t;Part 2, colorado Revised Statutes, -previoo=iy fired in the withinaction shall be and the same "t" h.i"by incorporated by referenceinto this Order.
-.TI,q Aspen Glen water & sanitation District is rocated inGarfierd county, cororado, and is more particularry ae"cribed asfollows:
A parcel of land situated in Lots 23 and 25 of Section 12, ]lats 1 and 3 through 16 of
89 West, and in the
17 of Section 18 and
section 13 and t-ots 1 and 2 of Section 24, Township 7 South, Range
sw1/4sE1/4, sEl/4sBll4 and l-ots 4,6,'r,9 through li and 14 througithe NE1/4NE1/4 and I-ots 1, 3 throu gh l? "oa tS through L7;t Section 19 and theNE1/4NW1/4 and l-ots 2,4 through 16,1t,20 of Section 20, I-6ts 2,3,4,8, and 9 of Section 29Township 7 South,,Range 88 West of the 6th P.M., County of Garfield, State of Colorado
being more particularly described as follows:
Beginning at the North 1/4 Corner of said Section 13; thence North 00 degrees 11 minutes
14 seconds-Y:tl Q 00"11'14" W) along the North-South Centerline of siia Section 12, adistance of 458.62 !ee! Jo a point on thi las_terly Right-of-Way fence of Garfield CountyRoad No. 109, marked by a rebar and cap L.S. 19598ithence uiorg said right-of-way fencethe following five (5) courses:
1] South 13 degrees 28 minutes 04
feet;
seconds East (S 1328'04' E), a distance of 553.88
2l South 09 degrees 05 minutes 41 seconds East (S 09'05'41' E), a distance of 565.53feet;
^ 3] South 17 degrees 42 minutes 56 seconds East (S 17"42'56'E), a distance of 728.56
feet;
4l south 40 degrees 03 minutes 42 seconds East (S 40o03'42" E). a distance of 175.51feet;
5] South 32 degrees 40 minutes 06 seconds East
feet;
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(S 32'40'06" E), a distance of 463.99
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thence leaving said right-of-rvay fence and following an existing fence the following four (4)courses:
l] North 89 degrees 53 minutes 09 seconds East (N 89'53'09" E), a distance of gg2.14
feet;
2l North 81 degrees 50 minutes 40 seconds East (N 8l'50'40' E), a distance of 60.36
feet;
3] North 01 degrees 30 minutes 12 seconds East (N 01o30'12" E), a distance of 7Zg.7Sfeet;
4] North 01 degrees 43 minutes 30 seconds East (N 01o43'30" E), a distance of lll3.g7
leet !o a point on the Easterly line of Lot24 of said Section 12; thence North 01 degrees2l minutes 44 secon$ -f"t, (N 0121'44" E) along said Easterly line, a distance of 320.ggfeet; thence North 47 degrees 43 minutes d0 secJnds East (N'47.43;OO, E), o distance of
5-90.67 feet to a point on the Northerly line of l-nt 25 of saii Section 25; thence South g9
degrees 40 minutes 00.seconds East (S 89"40'00" E) along said Northerly iine, a distance of75.86 feet to a point in the centerline -of !h: Roaring Fork River; thence following saidcenterline of said Roaring Fork River the foilowing eleven (11) courses:
- 1] South 17 degrees 43 minutes 01 seconds Eait 15 17"43'01'E), a distance of 163.46
feet;
^ 2) South 30 degrees 45 minutes 18 seconds East (S 30o45'18" E), a distance of 163.2gfeet;
3] South 51 degrees 43 minutes 05 seconds East (S 51o43'05" E), a distance of 662.76
feet;
- 4) South 44 degrees 35 minutes 57 seconds East (S 4435'57'E), a distance of 175.65feet;
5] South 13 degrees 33 minutes 31 seconds East (S 13"33'31" E), a distance of 255.65
feet;
6] South 34 degrees 02 minutes 41 seconds East (S 34\2'4L' E), a distance of 31g.15feet;
7) South 35 degrees 41 minutes 45 seconds East (S 35'41'45' E), a distance of ZN.L5feet;
8] South 55 degrees 38 minutes 18 seconds East (S 55o38'18' E), a distance of 196.47feet;
- 9l South 63 degrees 49 minutes 03 seconds East (S 63%9'03' E), a distance of 3gg.19feet;
10] South 57 degrees 5l minutes 22 seconds East (S 57oSl'ZZ" E), a distance of 449.02feet; \ '
_ 11] South4Tdegreesllminutes3TsecondsEast(S 47"11'37" E),adistanceof 122.26feet to a point on th_e-Nortierll line of I,ot 12 said Section 18; thence North 89 degrees 49minutes 40 seconds West (N 89o49'40" W), u distance of 406.44 feet to the Northeast cornerof said Lot 11 of said Section 18; thence South 00 degrees 00 minutes 00 seconds East(S 991,0 00'E) along the Easterly line of said L,ots 11 and t4 of said Section 18, a distanceof 1336.51 feet to the Southeast corner of said Lot 14; thence South 89 degrees 58 minutes
06 seconds West (S 89'58'06" W), " distance of 672.53 feet to the South Center 1/16 corner
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of said Section l8r-11rked by a BLM aluminum cap; thence South 00 degrees 36 minutes33 seconds west (s 00"36'33'i w;.long the Easterlj iin.;i;"i;;,-is.rsaid Section 18,a distance ot334'72 feet; thence North 89 degrees 55 minutes 05 seconds East (N g9.55,05,E) along the south line of the Nl/2Nl/2swl/ZsEll4 ofsaid section 1g, a distance of 149.70feet to said centerline of said Roaring Fork River; thence along said centerline of saidRoaring Fork river the foilowing ninetien (r9) courses:1] south 25 degrees 46 minutes 54 secondi west (s 25"46'54,, w), a distance of IM.ZZfeet;
2] South 07 degrees 48 minutes 26 seconds West (S 07"4g'26 w), a distance of Zg9.g7feet;
- 3] South 16 degrees 19 minutes 15 seconds East (S 16'19'15, E), a distance of lg6.g2feet;
4l South 60 degrees 24 minutes 25 seconds East (S 6024'25" E), a distance of 205.10feet;
- 5l North 76 degrees 51 minutes ll seconds East (N 765l'llu E), a distance of 164.34feet;
6] North 81 degrees 47 minutes 36 seconds East (N 8!47'36'E), a distance of 2g0.37feet;
7l North 78 degrees 29 minutes 03 seconds East (N 782g'O3 E), a distance of 233.93feet;
- 8] South 81 degrees 45 minutes 25 seconds East (S 81.45'25, E), a distance of 314.4gfeet;
9] South 61 degrees 08 minutes 27 seconds East (S 6it08'27" E), a distance of 374.17feet;
101 South 46 degrees 48 minutes 37 seconds East (S 4648'37" E), a distance of 2ll.62feet;
111 South 07 degrees 22 minutes 34 seconds East (S 0722'34" E), a distance of ll3.l4feet;
^ 12) South 25 degrees 51 minutes 48 seconds East (S 25o51'48', E)," distance of Z?j.75feet;
131 South 08 degrees 49 minutes 55 seconds East (S 08'49'55, E), a distance of 269.ggfeet;
^ 14] South3ldegrees2Tminutes28secondsEast(S 3127'28,E),adistanceof 259.g9feet;
15] South 46 degrees 16 minutes 00 seconds East (S 46"16'00, E), a distance of 573.g6feet;
16] South 59 degrees 53 minutes 51 seconds East (S 59.53'51, E),u distance of 279.72feet;
l7l South 41 degrees 56 minutes 37 seconds East (S 41s6'37, E), a distance of 3gg.06feet;
18] South 21 degrees 26 minutes 41 seconds East (S 2126'41* E)," distance of.2g6.20feet;
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19] South 08 degrees 56 minutes 52 seconds East (S 08"56'52' E), a distance of 81.11
feet to a point on the North line of said Lot 3 of said Section 20; thence North 88 degrees
33 minutes 13 seconds West (N 88o33'13" W) along said North line, a distance of 385.14 feet
to the northwest corner of said t-ot 3; thence South 00 degrees 01 minutes 46 seconds West
(S 00Tl'46" W) along the West line of said tot 3, a distanie of 425.16 feet to the Southwest
corner of said Lot 3rnarked by a BLM aluminum cap; thence North 89 degrees 58 minutes
19 seconds !as1 N 8f"58'19" 8) along the South lineof said Lot 3 and alon'g the North line
of said Lot 8 of said Section 20, a distan ce of.697 .48 feet to the Southeast co.ner of said Lot
3 marked by a BLM aluminum cap; thence North 00 degrees 04 minutes 00 seconds West
(N 00T4'00" W) along the East Iine of said Lot 3, a distance of 407.22 feet to the northeast
corner of said l-ot 3; thence North 00 degrees 04 minutes 00 seconds West (N 00"04'00', W)
along the West line of said Lot 4, said Section 20, a distance of 151.69 feet to a point on
the South line of a parcel of land described in Book 314 atPage 160 of the Garfield County
clerk and Recorder's Office; thence along said South line the tito*ing thirteen (13) courses1] North 84 degrees 49 minutes 54 seconds East (N 84"49'54" E), a distance of 35.88
feet;
2) North 85 degrees 29 minutes 12 seconds East (N 8529'12' E), a distance of 47.40
feet;
3] South 85 degrees 49 minutes 41 seconds East (S 85'49'41'E), a distance of 103.69
feet;
4l South 88 degrees 22 minutes 30 seconds East (S 8822'30. E), a distance of 88.83
feet;
- 5] North 80 degrees 42 minutes 21 seconds East (N 80'42'21" E), a distance of.29.94
feet;
6l North 64 degrees 50 minutes 54 seconds East (N 64"50'54" E), a distance of 99.58
feet;
7l North 70 degrees 51 minutes 54 seconds East (N 70"51'54'E),a distance of.37.92
feet;
- 8l South 84 degrees 32 minutes22 seconds East (S 8432'22* E),a distance of 37.12
feet;
- 9] South 59 degrees 18 minutes 15 seconds East (S 59'18'15" E), a distance of 53.70
feet;
10] South 40 degrees 58 minutes 58 seconds East (S 40'58'58" E), a distance of.62.22
feet;
11] South 28 degrees 48 minutes 44 seconds East (S 2848'44" E), a distance of l53.Zg
feet;
121 South 33 degrees 50 minutes 49 seconds East (S 33"50'49" E), a distance of 107.91
feet;
13] North 63 degrees 05 minutes 54 seconds East (N 63"05'54" E), a distance of Zgl.lg
feet to a point on the Southwesterly Right-of- Way of the Denver
"nd Rio Grande Western
Railroad; thence North 35 degrees 09 minutes 16 seconds West (N 35"09'16, W) along said
right-of-way, a distance of 583.96 feet to a point on the West Iine of said NEli+UWi/+ ot
said Section 20: thence North 00 degrees 05 minutes 52 seconds East (N 00"05'52" E) along
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said West line, a distance of 1360.94 feet to the Northwest corner of said NEI/4Nryl/4nrarked by a BLM aluminum cap; thenc.1tllt, .87 degrees 45 minutes 35 seconds East (S
9J"45-'35' E) along the North line of said NEl/4wwt7+, a disrance of l325.gl feet to theNorth 1/4 corner of said Section 20 mark_ed by a BLM aluminum
""pf tn.n." South 00degrees 12 minutes 30 seconds East (s 00112'30" E) along the 'iast line of saidNEI/4NWll4, a distance of 1378.55 feet to the Southeast corier of said NE1/4NW1/4marked by a BLM aluminum cap; thence South 89 degrees 38 minutes 40 seconds East (S8-9'3-8-40l E) along the North lini of l.ot 19 of said Seciioo 20, a distance of 1305.39 feet tothe Northeast corner of said Lot 19 1arled by a BLM aluminum cap; thence South 00degrees 05 minutes 56 seconds East- (S 00"05'56" E) along the East line of said lot 19, adistance of 1289.48 feet to the Southeast corner of said Ilt tg being also a point on thenorth line of l-nt 20 of said Section 2!^marked by a BLM aluminum ?op; tt.r.. South gg
degrees 36 minutes 52 seconds East (S 88"36'521' E) along said North'lir", u distance of1304'01 feet to the East 1/4 corner oi said Section i0 marked by a BLM aluminum cap;thence South 01 degrees 23 minutes 50 second_s East (S ol23'soiEi il; the East Iine ofsaid Lot 20, a distance of 1320.18 feet to the Southe*t.o-". of siia Uizomarked by aBLM aluminum cap; thence North 89 degrees 35 minutes 53 seconds West (N g9B5'53" W)along the South line of said Lot 20, a distance of 684.04 feet to a point on the East line ofsaid Lot 16 of said Section 20 marked by a BLM aluminum .up; ih.n.r Soutrr 0l degrees30 minutes 51 seco.nds west (S 01'30'51';w; along said East lini of said Lot 16, a distanceof 1262'19 feet to the Southeast corner of said Lot-16 being also the northeast corner of 1.ot2 of said Section 2?'^T1tt99 by a BLM aluminum cap; thJnce South 01 degrees 21 minutes57 seconds west (S q12115J" w) along the East line oi said t-ot 2, a distanlce of 917.g3 feetto said centerline of said Roaring foik River; thence along said centerlil il; i;1ffi;;twenty (20) courses:
- 1] North 44 degrees 00 minutes 00 seconds West (N 44o00'00'W), . distance of.27Z.0Zfeet;
2l North 57 degrees 00 minutes 00 seconds West (N 57o00'00" W), " distance of 23g.00feet;
- 3] North 84 degrees 00 minutes 00 seconds West (N 84'00'00" rfir), a distance of 240.00feet;
4l South 72 degrees 00 minutes 00 seconds West (S 7Z'00'00n W), a distance of 277.00feet;
5l South 56 degrees 00 minutes 00 seconds West (S 56"00'00' W), " distance of 290.00feet;
- 6l South 39 degrees 00 minutes 00 seconds West (S 39T0'00" W), a distance of 300.00feet;
7l South 31 degrees 00 minutes 00 seconds West (S 3lT0'O0n W), a distance of 352.00feet;
8l South 50 degrees 00 minutes 00 seconds West (S 50T0'00, W), a distance of 220.00feet;
9] South 70 degrees 00 minutes 00 seconds West (S 70'00'00' W), a distance of.Z97.O0feet;
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10] North 48 degrees 00 minutes 00 seconds West (N 48T0'00' W), a distance of 375.00
feet;
11] North 24 degrees 00 minutes 00 seconds West (N 24'00'00' W), u distance of 268.00
feet;
I2l North l l degrees 00 minutes 00 seconds West (N 11"00'00" W), a distance of 268.00
feet;
13] North 17 degrees 00 minutes 00 seconds West (N 17'00'00' W), a distance of 238.00
feet;
14] North 48 degrees 00 minutes 00 seconds West (N 48'00'00" W), a distance of 547.00
feet;
15] North 31 degrees 00 minutes 00 seconds West (N 31'00'00' W), a distance of 203.00
feet;
16] North 60 degrees 00 minutes 00 seconds West (N 60'00'00'W),a distance of 224.00
feet;
171 North 65 degrees 30 minutes 00 seconds West (N 65'30'00'W), a distance of ZZ1.N
feet;
18] North 69 degrees 00 minutes 00 seconds West (N 69"00'00* W), a distance of 350.00
feet;
19] North 59 degrees 30 minutes 00 seconds West (N 59'30'00' W), " distance of 316.00
feet;
20) North 27 degrees 00 minutes 00 seconds West (N 27'00'00' W), " distance of 331.00
feet to a point on the North line of l-ot14 of said Section 20; thence North 89 degrees 15
minutes 57 seconds West (N 89'15'57 W) along said North line, a distance of 440.69 feetto the Southwest corner of said t ot 13 of said Section 20; thence South 00 degrees 01minutes 25 seconds West (S 00T1'25" W) along the West line of said I-ot 14, a dis-tance of
59.78 feet; thence North-3_2 dgglees 31 minutes 00 seconds West (N 32.31'00" W), a distanceof 1283.00 feet; thence North 47 degrees 20 minutes 00 secondi West (N 47-j0,00" W), a
distance of 1561.80 feet; thence North 81 degrees 57 minutes 00 secondiWest (N 81.57id0,
W), " distance of 1659.05 feet to a point on the East line of l,ot 2 of said Section 24; thenen,
North 78 degrees 07 minutes 04 seconds West (N 78T7'04'W), a distance of 1354.65 feetto a point on the West line of said L,ot 2; thence North 00 degrees 27 minutes 55 seconds
East (N 0027'55' E) along said West line of said Lot 2, a distance of 8ll.gz feet to the
Southeast corner of I.ot 14 of said Section 13; thence South 89 degrees 06 minutes 27
seconds West (S 89\6'27" W) along the South line of said Lot 14, a disiancc of 1335.68 feetto the South 1/4 Corner of said Section 13; thence North 00 degrees 52 minutes 56 seconds
Eas! (N 00o52'56" E) along the North-South Centerline of said Section 13, a distance of
5332.05 feet to the point of beginning. Excepting therefrom the Colorado Highway 82
Right-of-Way and the Garfield County Road 109 Right-of-Way. Excepting from the abore
described parcel a
-l-e1se
and agreement for the sale and puichr". oi gr-avel recorded in
Reception No. 305982 of the Garfield County clerk and Ricorder's ofEL being described
as follows: A parcel of land situated in l,ots 1,2,5,6,7,11 and 12 of Section 13, iownship 7
South, Range 89 west and in lots 4,9,10,11,14,15,16, and 17 and in the Swl/4SEl/4 of
Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of
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Garfield, State of Colorado, said parcel being more particularly described as foltows:
Beginning at a point being the Southeast corner of Teller Springs Subdivision as filed in the
Records of the Garfield County Clerk and Recorder whence the North 1/4 Corner of said
Section 13 bears N 4321'15" W, a distance of 2540.23 feet; thence North 0l degrees 30
minutes 12 seconds East (N 01'30'12" E), along said Teller Springs Subdivision boundary
a distance of 729.75 feet; thence North 01 degrees 43 minutes 30 seionds East (N 01"43'301'
E), along said Teller Springs Subdivision boundary a distance of 1113.97 feet to the
Northwest corner of Lot 1, said Section 13; thence Ieaving said Teller Springs Subdivision
boundary South 89 degrees 52 minutes 09 seconds East (S 89"52'09" E), aiong the Northerly
line of said l,ot 1, a distance of 103.76 feet to a point being5.0 feet Southwesterly of thl
Robertson Ditch; thence along a line being 5.0 feet Soutliwesterly and parallel to said
Robertson Ditch the following Thirty-four (34) courses:
1] South 32 degrees 39 minutes 14 seconds East (S 3?,39'14'E), a distance of 126.21
feet;
2l South 46 degrees 44 ntinutes 01 seconds East (S 46'44'0l' E), a distance of l}t.gz
feet;
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South 58 degrees 33 minutes 08 seconds East (S 58'33'08" E), a distance of 103.32
4]South 58 degrees 00 minutes 02 seconds East (S 58'00'02" E), a distance of 64.81 feet;
t f.",i]
South 67 degrees 42 minutes 09 seconds East (S 67o42'09'; E), a distance of 113.94
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6] South 56 degrees 02 minutes 54 seconds East (S 56\2'54" E), a distance of 86.09 feet;
7] South 48 degrees 44 rninutes 16 seconds East (S 48o44'16'E), a distance of 94.31 feet;
8] South 54 degrees 12 minutes 24 seconds East (S 5412'24'E), a distance of 91.37 feet;
9l South 65 degrees 43 minutes 26 seconds East (S 65"43'26u E), a distance of 93.55 feet;
10] South 59 degrees 30 minutes 17 seconds East (S 59o30'17" E), a distance of 68.30 feet;
11] South 57 degrees 18 minutes 29 seconds East (S 57"18'2gu E), a distance of 62.81 feet;
12] South 58 degrees 15 minutes 43 seconds East (S 58o15'43' E), a distance of 56.28 feet;
13] South 69 degrees 19 minutes 37 seconds East (S 69"19'37" E), a distance of 71.02 feet;
14] South 63 degrees 33 minutes 32 seconds East (S 6333'32u E), a distance of 80.52 feet;
15] South 52 degrees 49 minutes 53 seconds East (S 5249'53'E), a distance of 56.67 feet;
16] South 52 degrees 18 minutes 07 seconds East (S 52"18'07" E), a distance of 96.50 feet;
1Zl lortl 51 degrees 46 minutes 39 seconds East (S 51o46'39' Ej, a distance of 131.35 feet
18]South 50 degrees 09 minutes 46 seconds East (S 50T9'46'E), a distance of 64.52feet;
19] South 67 degrees 05 minutes 38 seconds East (S 67"05'38'E), a distance of 73.67 feet;
20] South 66 degrees 35 minutes 27 seconds East (S 66o35'27u E), a distance of 54.01 feet;
21]South 58 degrees 42 minutes 41 seconds East (S 5842'41" E), a distance of 86.11 feet;
22] South 69 degrees 18 minutes 14 seconds East (S 69o18'14u E), a distance of 76.28 feet;
23] South 74 degrees 03 minutes 06 seconds East (S 74"03'06" E;, adistance of 68.83 feet;
24] South 52 degrees 21 minutes 15 seconds East (S 5221'75" Ej, a distance of 35.90 feet;
?-]l S^"r,! 49 degrees 04 minutes 22 seconds East (S 49"04'22'E), a distance of 61.97 feet;
26] South 41 degrees 07 minutes 16 seconds East (S 41T7'16i E), " distance of 105.82
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27] South 33 degrees 43 minutes 47 seconds East (S 33"43'47" E), a distance of 107.g6feet;
281 South 3l degrees 39 minutes 54 seconds East (S 3l'39'54" E), a distance of 7g.gl feet;
- 29) South 44 degrees 00 minutes 03 seconds Eas't (S 44.00'03n'E), a distance of 113.96feet;
30] South 52 degrees 24 minutes 20 seconds East (S 5224'20, E), a distance of g6.50 feet;3l] South 35 degrees 4l minutes 35 seconds East iS 35"41'35, ej, a aistance of 43.4g feet;
1?l s-"",! 18 degrees 54 minutes ?5 seconds east iS 18"54'25" Ei; ; ;i;a;nce of 62.55 feet;33] South 26 degrees 48 minutes 20 seconds East (S 26"48'20r'r),udirt"n." of 139.55feet;
34) South 23 degrees 50 minutes 33 se_conds East (S 2350'33' E), a distance of 101.7 7 feetto a point on the Easterly line of said Lot 11 of said Section ls; thence South 00 degrees00 minutes 00 seconds E_ast (S 00'00'00" E), along the Easterly line of said Lot 11 and saidLot 14 of said Section 18a distanc e of 622.77 feet- to a point being 5.0 feet westerly of thehigh water line of the westerly bank of the Roaring Fori Riuer; thince leaving said L,ot linethe following five cou-rses along a line being 5 feet fuest"rty of and paralleito the high waterIine of the Westerly bank of the Roaring -Fork River
.1] South 52 degrees 11 minutes 09 seconds west (S 52o11'09" w), a distance of 31.96 feet;thence
.31_l:u'n 55 degrees 08 minutes 57 seconds West (S 55"08'57" W), a distance of 79.59 feet;tnence
.*'^]_l:u'n 59 degrees 32 minutes 47 seconds West (S 59"32'47u W), a distance of 54.32 feet;tnence
.4] South 36 degrees 29 minutes 50 seconds West (S 362g'sl W), a distance of 11.g5 feet;thence
5] along a curve ,o^,I. Ieft having a radius of 1033.63 feet, arc Iength of 3g9.56 feet, deltaangle of 21 degrees 35 minutes 39 seco-nds (21'35'39'), a chord bearing of South 49 degrees22 minutes 20 seconds West LS 4922'?9].*), and a '"f,"ta length of.3g7.Z6 feet to a pointon the Northerly line of the sw1/4sE1/4 of said Section 1g; Ihence South g9 degrees 5gminutes 06 seconds West (S 89'58'06'w), along said Northerly line a distance of 234.1g feetto the Northwest corner of said SWli4SElTi; thence South 0O degrees 36 minutes 33t-"-to4t west (S 00o36'33" w), along the wesierly line of said Swl/iSEl/4 a distance of334.72 feet; to the Southwest corner -of the NlZn VZSWV+S Ell4; thence North g9 degrees55 minutes 05 seconds. East (N !?:5I'05, E), along the Southerly line of saidN1/2N1/2SW1/4SE1/4 a distance of 59J1 reet to a point which is 5.0 feet Westerly of thehigh water line of the westerly bank o{ thg Roarinj noit nirr"r; thence along a line being5'0 feet westerly of and Parallbl to the high water li"ne of the westerly bank oT the RoariniFork River along a curve to the Ieft havi-ng a radius of 1033.63 feet, arc length of.292.65feet, delta angle of 16 degrees 13 minu"_1 1-2 sgconds (16"13'19"), a chord bearing of South09 degrees 19 minutes 50 seconds west (S 09o19'50u wj,ana a chord length of 291.67 feet:thence leaving said 5.0 foot ofBet line North 89 degiees 23 minutes 4iseconds west (N8923'42-w), a distance of 15.53 feet to a point on tfr'e Easterly line of said lot 17 of saidSection18; thence South 00 degrees 36 minutes 19 seconds West (S 00.36,19,' w), along said
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Easterly line a distance of 716.59 feet to the Southeast corner of said Lnt 17; thence South
89 degrees 46 minutes 00 seconds West (S 89o46'00" W), along the Southerly line of said Lot17 a distance of 289.11feet; to apoint on the Easterly nlgniof-way of Colorado MidlandRailroad: thence Ygnt 30 degrees 32 minutes 18 seconds fuest (N 3b.32'1g" !v), along saidEasterly_Right-of-Way a distance of 1822.07 feet; thence Norttr 30 degrees 27 minutes 02seconds Welt (N 1921'0?'W), alongsaid Right-of-Way a distance ot l6l.ls feet to a pointon the Southerly line of said Teller Springs-subdivision; thence North 81 degrees 50minutes 40 seconds East (N 81"50'40'E), ilong said Southerly line a distance of 5.57 feetto the point of beginning; and containing lzo.llz acres more or less.
Garfi9ld County Road #109 Right-of-Way
A 60'00 foot wide parcel of land situated in t ot 23 ofsection 12, Lots 3,4,5,g,10,12,13, and
16 of Section 13, Lot 1 of Section 24, all in Township 7 South, Range 89 fuest, and in lots8,9, and 17 of Section- 19, Township 7 Sou-th, Range 88 West of i-he 6th p.M., county ofGarfield, Statp of Colorado, said parcel being *-or" particularly described as follows:
-Commglcing at the North 1/4 Corner of said Section li, an axlg found in place, thenceNorth 00 degrees 11 minutes 14 seconds West (N 00'11'14" W), along the North-SouthCenterline of said Section 12, a distance of dsS.OZ feet to a poini on the Easterly
lfhl-.Iyay fence of Garfield county Road No. 109, marked by a rebar and cap markedL'S. 19598 found in place, the TRUE POINT OF BEGINNING, thence along the EasterlyRight-of-way line of said Garfield County Road No 109 the following th'irty-two (32i
courses:
1] South 13 degrees 28 minutes 04 seconds East (S 1328'04' E), along saidRight-of-Way fence a distance of 553.gg feet; thence2) South 09 degrees 05 minutes 41 seconds East (S 09"05'41' E), along saidRight-of-Way fence a distance of 565.53 feet; thence 3] Stuth 17 degrees 42 minutes 56seconds East (S 17"42'56"E),along said Right-of-Way fencl a distance oilZg.s1feet; thence
^ 4] South 40 degrees 03 minutes 4}seconds East ('S 40"03'42 E), along said Right-of-Way
fence a distance of 175.51 feet; thence
- 5] South 32 degrees 40 minutes 06 seconds East $ 32o40'O6u E), along said Right-of-Wayfence a distance of 463.99 feet; thence
- 6] South 32 degrees 40 minutes 06 seconds East (S 32'40'06" E), a distance of ?5.66 feet;thence
- 7] South 20 degrees 26 minutes 02 seconds East (S 2026'02' E), a distance of 562.19feet; thence
8] along a curve
19 th: Ieft having a radius of 5287.84 feet, arc length of 542.18 feet, delta
11g1. of 5 degrees 52 minutes 29 seconds (5'52'29"), a chord beariig of South 23 degrees22 minutes 16 seconds East (S 2322'16" E), and a chord length of S!t.g+ feet; thence
- 9] South 26 degrees 18 minutes 31 seconds East (S 2618:'31, E), a distance of g54.10
feet; thence
10] along a curve to the right having a radius of 730.33 feet, arc length of ?;1.77 feet,delta angle of 19 degrees 45 minutes 26 seconds (19"45'06"), a chord bJaring of South 1d
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degrees 25 minutes 57 seconds East (S 1625'57" E), and a chord length of 250.53 feet;
thence
-
11] South 06 degrees 33 minutes 24 seconds East (S 0633'24" E), a distance of 156.75 feet;
thence
12] along a curve to the Ieft having a radius of 1635.67 feet, arc length of 545.79 feet, delta
lngle of 19 degrees 07 minutes 06 sec_onds (19"07'06'), a chord bearing of South 16 degrees06 minutes 57 seconds East (S 16'06'57'r E), and a chord length of. 543.26 feet; th-ence
- 13] South 20 degrees 41 minutes 20 seconds East (S 2O'41'2Oa E), a distance of 11.95 feet;
thence
14] South 29 degrees 02 minutes 45 seconds East (S 2g\2'45" E), a distance of 367.4g
feet; thence
15] South 29 degrees 19 minutes 46 seconds East (S 29"19'46 E), u distance of 501.69
feet; thence
- 16] South 32 degrees 15 minutes 50 seconds East (S 32o15'50" E), a distance of 38.79 feet;
thence
- L7) South 34 degrees 46 minutes 46 seconds East (S 34"46'46' E), a distance of 649.59
feet; thence
- 18] South 46 degrees 01 minutes 35 seconds East (S 46"01'35" E), a distance of 38.04 feet;
thence
- 19] South 57 degrees 35 minutes 29 seconds East (S 5735'29" E), a distance of 479.98
feet: thence
^ 201South 57 degrees 36 minutes 01 seconds East (S 57'36'01' E), a distance of 517.80
feet; thence
- ?llSouth 77 degrees 49 minutes 23 seconds East (S 77'49'23'E), a distance of.107.47feet; thence
- 22) South 78 degrees 59 minutes 34 seconds East (S 78"59'34' E), a distance of.402.07
feet; thence
23] along a curve to the Ieft having a radius of 1001.79 feet, arc length of 207.99 feet,
delta angle of ll degrees 53 minutes 43 seconds (11"53'43"), a chord bJaring of South gi
degrees 56 minutes 26 seconds East (S 84'56'26' E), and a chord length ol 2075l fr.t;
thence
- z4)North 89 degrees 06 minutes 43 seconds East (N 89'06'43" E), a distance of 181.02
feet; thence
25] along a curve to the right having a radius of 190.10 feet, arc length of 208.48 feet,
delta angle of 62 degrees 50 minutes 04 seconds (62'50'04"), a chord bJaring of South 59
degrees 28 minutes 15 seconds East (S 5928'15" E), and a chord length oI 198.19 feet;
thence
^ 26lSouth 28 degrees 03 minutes 13 seconds East (S 28',03'13'E), a distance of 759.67
feet; thence
271 along a curye to the left having a radius of 1494.54 feet, arc length of 482.67 feet,
delta angle of 18 degrees 30 minutes 15 seconds (18'30'15'), a chord bJaring of South 3i
degrees 18 minutes 21 seconds East (S 37'18'21' E), and a chord length oI 480.58 f..t;
thence
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28] South 46 degrees 33 minutes 28 seconds East (S 46.33'2g,, E), a distance of 453.g9feet; thence
29] along a curve to the right having a radius of 1024.62 feet, arc length of 355.30 feet,delta angle of 19 degrees 52 hinutes 9: ^r::^"fg, lroriz'0s,,), a chord bearing of south 36
ln".*;::r
37 minutes 26 seconds East (s 36'37'20,'r;, and a.chord rength of 353.52 feet;
30] South 26 degrees 41 minutes 23 seconds East (S 264l'23', E), a distance of 16l.9lfeet; thence
31] along a curve to the Ieft having a radius of 1902.23 feet, arc length of 27g.30 feet,delta angle of 8 degrees 22 minutes.iZ
^.^.^.-"^rg:-1tzz's1"1, a chord bearing of South 30
ir".rJ::t
52 minutes 52 seconds East (s 30'52'ji''ur;'and'a chord length of 278.06 feet;
32] South 35 degrees 04 minutes 20 seconds East (S 35t4'20,,E), a distance of 51g.24 feetto a point on the Southerly line of the Sieverr purJ.t; thence along said Southerly line thefollowing four (4) courses:
1] North 89 degrees 15 minutes 57 seconds west (N g9.15'57,, w), a distance of 6.66feet; thence
2] South 00 degrees 01 minutes 25 seconds west (s 00.01'25,, w), a distance of 59.7gfeet; thence
3] North 32 degrees 31 minutes 00 seconds west (N 32Tl'00, w),a distance of 12g3.00feet; thence
4] North 47 degrees 20 minutes 00 slg9.nds west (N 4720'00, w), a distance of 761.ggfeet to a point on,the westerly fighjlf-way line of'said Garfield county Road No. 10g;thence along said Westerly linl thJ foilowir! foui (4)-*urr"r,
1] along a curve to the right having u ,uiiu. or)ris+.s+ feet, arc length of 260.76 feetdelta angle of 9 degrees 36 minutes
?1. :.^::lg: 1s;io,ro1, a chord bearing of North 32degrees 51 minutes 33 seconds west (N 32"51'33't *r, and a chord length of 260.45 feet;thence
../,, rl,ls s vuvrs rvuErrr
- 2] North 28 degrees 03 minutes 13 seconds west (N 28"03'13* w), a distance of.259.67feet; thence
3] along a curve lo^th: left having a radius of 130.10 feet, arc length of l42.6gfeet, deltaangle of 62 degrees 50 minutes 05 sEconds (62'50'05;t, a ctrora bearing of North 59 degrees28 minutes 15 seconds^\Y.tl (N 5928'15" ry), "na i'Jord length of 135.64 feet; thence. 4l South 89 degrees 06 minutes 43 seconds
'west
(S 89'06'4rt *l; u a.t"r." of 177.52feet to a point on said s91th9rly line of the sievers' parcel; thence No rth 47 degrees 20minutes 00 seconds west (N 47Ti0'oo'w), alonjsaiJ southerly line a distance of 41.37 feet;thence North 81 degrees 57 minutes 00 seconds"weJ 6rv stisz'oo,,w), along said southerlyline a distance of 7?3.4! -leet to a point on said wesierly Rigbt-of-way line; thence alongsaid_w_e_sterly line the following nineteen (19).ou*-'
1] North 57 degrees 36 minutes 01 seconds w"ri aN 57o36'0l, w), " distance of 513.47feet; thence
- 2].North 57 degrees 35 minutes 29 seconds west (N 57T5'29, w),a distance of 4g6.06feet; thence
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3] North 46 degrees 0l minutes 35 seconds West (N 46o01'35" W), u distance of 50.02feet; thence
4) North 34 degrees 46 minutes 46 seconds West (N 34o46'46' W),u distance of 656.g2feet; thence
5] North 32 degrees 15 minutes 50 seconds West (N 32'15'50' W), u distance of.41.64feet; thence
6l North 29 d degrees 19 minutes 46 seconds West (N 29o19'46' W), o distance of 503.37feet; thence
7) North 29 degrees 02 minutes 45 seconds West (N 2g"OZ'45" W),a distance of.372.01feet; thence
- 8]-Norrh 20 degrees 41 minutes 20 seconds West (N 2}o4l'20'W), u distance of 13.75feet; thence
9] along a curve to the right having a radius of 1695.67 feet, arc length of 563.17 feet,delta angle of 19 degrees 01 minutes !! ryc9nds (19"01'46"), a chord UJaring of North lddegrees 04 minutes 17 seconds West (N 16"04'17'i W) , urd a chord length oi 560.60 f..t;thence
10] North 06 degrees 33 minutes 24 seconds West (N 06o3g'24' W), " distance of 156.75feet; thence
11] along a curve to_ th: Ieft having a radius of 670.33 feet, arc length of 231.09 feel deltaangle of 19 degrees 45 minutes 06
lecgnds (19"45'06"), a_chord bearing^.I\:n-t 16 degrees 25 minutes 57 seconds West (N1625'57'W), and a chord Iength of 229.94 feet; theice
12) North 26 degrees 18 minutes 31 seconds West (N 2618'31' W), a distance of g54.10
feet; thence
13] alongacurvetotherighthavingaradius of 5347.84feet,arclengthof 54g.33feet,delta angle of 5 degrees 52 minutes 2! ryconds (5o52'29"), a chord Ue-a;ng of North 2jdegrees 22 minutes 16 seconds West (N 2322'16' W), "od." chord length Jf 5Ag.g9 feet;thence
l4)North 20 degrees 26 minutes 02 seconds West (N 20o26'OZu W), " distance of 555.76feet; thence
15] North 32 degrees 40 minutes 06 seconds West (N 3240'OG" W), a distance of 479.34feet; thence
16] North 40 degrees 03 minutes 42 seconds We st (N 40T3'42'W), a distance of 1g3.4gfeet; thence
l7l North 17 degrees 42 minutes 56 seconds West (N 17'42'56* W),u distance of.744.93feet; thence
lSlNorth 09 degrees 05 minutes 41 seconds West (N 09"05'41'W), a distance of.567.76feet; thence
- 19] North 13 degrees 28 minutes 04 seconds West (N 13'28'04'W),a distance of 297.39feet to a point on said North-South Centerline of said Section 12; thence North 00 degrees
11 minutes 14 seconds West (N 00o11'14" W), a distance of.26l.l9 feet to the true poi"nt ofbeginning.
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Colorado Highway No. 82 Right-of-Way
A parcel of land situated in the NEI/4NW1/4 and in L-ots 5,6,7,10,11,16, and 20 of section20 and in Lot 2 of Section 29, all in township 7 South, Range 88 West of the 6th p.M.,
county of Garfield, State of Colorado, said parcel being ,*. particularly described asfollows: Beginning at a point on the Sout'herly Rightlof-Way line of Colorado StateHighway No. 82 and its intersection with the west lin-e of Said NE1/4NW1/4 whence theNorthwest corner of said Section 20 bears North 47_degrees 24 minutes 11 seconds West (Ny24'!!"- Y)' " distance of 1785.35 feet; thence Norti 00 degrees 05 minutes 52 secondsEast (N 00'05'52* E), a distan ce of 42458 feet to a point on the-Northerly Right-of-Way lineof said Colorado State Highway No. 82; thence along said Northerly Ri!ht-6f-w"y line thefollowing eight (8) courses
- 1] South 35 degrees 2l minutes 30 seconds East (S 3521'30" E), a distance of 2312.2gfeet; thence '
- 2] South 18 degrees 39 minutes 30 seconds East (S 18"39'30, E), a distance of 104.40feet; thence
- 3] South 35 degrees 21 minutes 30 seconds East (S 3521'30' E), a distance of 1600.00feet; thence
- 4] South 52 degrees 03 minutes 30 seconds East (S 52'03'30' E), a distance of 104.40feet; thence
- 5] South 35 degrees 21 minutes 30 seconds East (S 3521'30' E), a distance of 495.00feet; thence
6] alon-g a curue to_the.left having a radius of 5730 feet, arc length of 435.91 feet, delta
1lgl" of 04 degrees 21 minutes 31 seconds (0421'3L"), a chord beailng of South 37 degrees36 minutes 30 seconds East (S 37'36'30" E), and a c'hord length of +]S.gt feet; thence
- 7] South 39 degrees 51 minutes 30 seconds East (S 39"5150' E), a distance of 455.00feet; thence
8] South 52 degrees 59 minutes 30 seconds East (S 52'59'30" E), a distance of 44.97 feetto a point on the East line of said Lot 16; thence South 0l degrees 30 minutes 51 secondsWest (S 01"30'51" W), along said East line a distance of 94.50 feet to the Southeast cornerof said Lot 16; thence_South 01 degrees 2l minutes 57 seconds West (S Ol2l,S7" W), alongthe East line of said Lot 2 of said Section 29 a distance of 462.08 fLet to a point on saiiSouth-erly Right-of-way line; thence along said Southerly Right-of-Way line ihe followingfive (5) courses:
- 1] North 35 degrees 09 minutes 16 seconds West (N 3519'16, w), distance of 3904.20feet; thence
- 2] South 88 degrees 33 minutes 59 seconds East (S 88'33'59' E), a distance of 62.27 feet;thence
^ 3] North 35 degrees 09 minutes 16 seconds West (N 35T9'16' W), a distance of 652.?3feet; thence
. 4] South 00 degrees 11 minutes 56 seconds East (S 00'11'56' E), a distance of g7.27 feet;thence
- 5] North 35 degrees 09 minutes 16 seconds West (N 35'09'16" W), a distance of ll91.lgfeet to the point of beginning.
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Also excepting from the above described propertyA parcel of land situated in tot 1 .1{ o oi section 13, Township 7 South, Range g9 westand in Lots 4,6, and 9 of Section 18, Township 7 South, Range 88 West of the SixthPrincipal Meridian, -County of Garfield, state of Colorado, Iaid parcel being moreparticularly described as follows: Beginning at a point on the Easterly line of the lease andagreement for the sale and purchase-of Gr-avel; p"r."t whence the North 1/4 corner of saidSection 13, an axle in place bears North 80 hegrees 09 minutes 24 seconds West (N80"09'24" w) a distance of 2469.81f::ltlf.l:e lea"ving said Easterly line South g6 degrees54 minutes 40 seconds East (S 86'54'40" E), a dista"nce of 90.38 feet; thence North g3
degrees 12 minutes 17 seconds East (N 8312'i7' E), a Jistan cn, of lli.3g feet; thence North48 degrees 46 minutes 15 seconds East (N 48'46'ii', il, " Jir;; "f lis.+s feet; thenceSouth 44 degrees 59 minutes 32 secondi East (S 44"5gi?, E), " distance of 246.06 feet;thence South 82 degrees 13 minutes 10 secondi East (S 82"1i10, E), a distance of 210.g6feet; thence South 40 degrees 56 minutes 54 seconds bast (S 40"56'54,, E), a distance of296'12 feet: thence South 37 degrees 16 minutes 3l seconds East (S 37"16,3I, E), a distanceof 360'84 feet; thence South 44 degrees 29 minutes 09 seconds West 1S ++*is,O9, W), adistance of 47'14 feet to a point onlaid Fasterly line of said lease ood'ugr."rent parcel;the1c9 along said Easterly line the following seventeen (17) courses: t
- 1l North 52 degrees 21 minutes 15 secorids west 6N izzt'ts" w), a distance of 35.90feet: thence
- 2] North 74 degrees 03 minutes 06 seconds West (N 74T3'06,, w), a distance of 6g.g3feet; thence '
^ 3] North 69 degrees 18 minutes 14 seconds West (N 69o18'14,, W), a distance of 76.2gfeet; thence
- 4] North 58 degrees 42 minutes 4l seconds West (N 58.42'41' W), a distance of g6.ll
feet: thence
^ 5] North 66 degrees 35 minutes 27 seconds West (N 66T5'27', w), a distance of 54.01feet; thence
- 6] North 67 degrees 05 minutes 38 seconds West (N 67t5'38' w), a distance of.73.67'feet; thence
. 7] North 50 degrees 09 minutes 46 seconds West (N 50"09'46, W), a distance of 64.52feet; thence \-
- 8] North 51 degrees 46 minutes 39 seconds West (N Slo46'3gu W), a distance of 131.35feet; thence
- 9] North 52 degrees 18 minutes 07 seconds West (N 5Zl&07, W), u distance of 96.50feet; thence
- 10] North 52 degrees 49 minutes 53 seconds West (N 5}o4g'53, W), a distance of 56.67feet; thence
- ll] North 63 degrees33 minutes 32seconds West (N 63'33'32 W), a distance of g0.52feet; thence
^
12] North 69 degrees 19 minutes 37 seconds West (N 6919'37" W), " distance of 71.02feet; thence
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13] North 58 degrees 15 minutes 43 seconds west (N 5go15'43,, w), . distance of 56.2gfeet; thence
141 North 57 degrees 18 rninutes 29 seconds west (N 57"1g'zg, w), a distance of 62.g1feet; thence
15] North 59 degrees 30 minutes 17 seconds west (N 59.30,17, w), u distance of 6g.30feet; thence
16] North 65 degrees 43 minutes 26 seconds west (N 65"43'26, w),a distance of 93.55feet; thence
. 17.] North 54 degrees 12 minutes 24 seconds west (N 54"12'24', w), a distance of 91.37 feetto the point of beginning; and containing 5.417 ".i".--or" or less.
Excepting also the Denver and Rio Grande Western right-of-way being described as follows:A parcel of land situated in the NEI/4NW ll4 and in lots 5,6,7,10,11,16, and 20 of Section20 and in lot 2 of section 29, all in Township 7 South, Rorg" 88 wesiof the sixth principal
H:H:}'f?:iiy_:f Garfierd, State of iolorado,'raid-parcer being ror" particularry
Begjnning at a point on the Northerly Right-of-way of the Denver and Rio Grande westernRailroad at its intersection with ihe fuesterty iine of saia NEl/4Nwr/4 whence theNorthwest corner of said Section 20 bears North'47 degrees 24 minutes 11 seconds West (N4724'11" w), a distance of 1785.35 feet ; thenc" olor!"said Right-of-way the following five(5) courses:
^ 1] South 35 degrees 09 rninutes 16 seconds East (S 35o09'16, E), a distance of 1191.1gfeet; thence
, 2] North 00 degrees 11 minutes 56 seconds West (N 00o11'56u w), a distance of g7.27feet: thence
- 3J 4South 35 degrees 09 minut es 16 seconds East (S 35T9'16, E), a distance of 652.2gfeet: thence
. 4] North 88 degrees 33 minutes 59 seconds West (N 88"33'59, W), " distance of 62.27feet; thence
. 5] South 35 degrees 09 minutes 16 seconds East (S 35o09'16,,E), a distance of 3904. 20 feetto a point on the Easterly line of l-ot2of said section-20; thence along said Easterly lineSouth 01 degrees 21 minutes 57 seconds west (S olii''sl" w), a distance of 16g.04 feet toa point of intersection of the Southerly Right-oi-w;y Ii;" of said Denver And Rio Grandewestern Railroad 9d|1,d Easterly line ofLt 2 ; thence-along said Southerly Right-of-wayIine the following five (5) .ourr"r,
. 1] North 35 degrees 09 minutes 16 seconds west (N 35T9'16, w), , distance of 4113.4gfeet; thence
. 2l North 88 degrees 33 minutes 59 seconds West (N gg.33,59, w), a distance of 62.27feet; thence
3] North 35 degrees 09 minutes
feet; thence
16 seconds West (N 35"09'16, W), a distance of Zl7.7Z
. 4] North 00 degrees 11 minutes 56 seconds west (N 00o11'56,,w),a distance of g7.27feet: thence
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^ 5] North 35 degrees 09 minutes 16 seconds West (N 35"09'16" W), a distance of ll9Z.7S
-feet
to a point on said_Westerly line of said NE1/4NW1/4 of Section 20; thence along saidWesterly line North 00 degrees 05 minutes 52 seconds East (N 00.05'52, E), a distan'ce of173-26 feet; to the point of beginningt and containing I3.g37 acres more or less.
The Board of Directors shall take such steps and proceedingsas the needs of the Aspen GIen water & sanitation nistritt ."q"iiE.
within thirty_ (30) days after the date hereof, the DistrictshalI transmit.to _the.county crerk and Recorder of GarfierJc;;;t;;cororado, to the oivision -of Locar Government, and to the couniyAssessor of Garfield County, certified copies "i ttris order andDecree, toge,ther with the Resolution of Apiproval of the Board ofcounty commissioners of Garfield county'iti"t, is irr"o.poratedherein.
Done in open Court this ,52 day of M.y, Lgg4.
Distr t Court
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e and correct coPY ol the
Cortilled to be a lull' lru
i'Icr""t in mvfts.tgdv' {fufrI A l"ta+_.--
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REco s,oeo 89 o-cL ocx rt-v,.
FEB 2lggl HTL0RED ALS00RF,
REC I
GARF IELD
458?96
COUNTY CLERK
l'
I'ltldred Alsdorf
Chuck Deschenes
when the lollowing proceedings, among others were had and done, to-wit:
RESOLLIION NO.94-008
A RESOLUTION APPROVING THE SERVICE PLAN AND THE FORMATION OF THE
ASPEN GLEN WATER AND SANTTATION DISTRICT
WHEREAS, pursuant to the provisions of Title 32, Article l, Part 2, C.R.S. as amende4 the
Board of County Commissioners of Garf-reld County, Colorado, held a public hearing on theService
plan of the proposed Aspen Glen Water & Sanitation District on the I l th day ofJanuary, 1994; and
WHEREAS, Notice of the Hearing was duly published in the Glenwood Post and the Rjlle
Telegram, newspapers of general circulation within the CountY, on December 21, December 22,
December 28, December 29, 1993 and January 4 and January 5,l994,as required by law, and Notice
was forwarded to the Petitioners and to the governing body of each municipality and special district
which has levied an adyalorem tax within the next preceding tax yearand which has boundaries within
a radius of three miles of the proposed District: and
WHEREAS, the Board has considered the Service Plan and all other testimony and evidence
presented at the Hearing;
WHEREAS, it appears that the Service Plan should be approved without condition or
modification;
WHEREAS, although the service plan includes a service area and expanded service area, the
action of the Board of County Commissioners i.n this resolution in no manner indicates approval for
densities of any land use, zoning or subdivision purposes within those areas; and
WHEREAS, the boundaries of the propord special district lie entirely within Garfield County.
Bor(0891 ;'rcr620
STATE OF COLORADO
County of Garfield
[14 special meeting of the Board of County Commissioners for Garheld County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs sa }londaY the 31st sf Januarv A.D. 19 94 ,therewerepresent:
Elmer (Buckey) Arbanev , Commissioner Chairman
Arnold L. Mackley Commissioner
I'larian I. Smith Commissioner
County Attorney
Clerk of the Board
County Administrator
Don DeFord
EXHIBIT B
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,oo^0891t,r'621
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado:
Section I. That the Board of County Commissioners of Garfield County, Colorado, does
hereby determine that all ofthe requirements ofTitle 32, Article l,Part2,C.R.S., as amended, relating
to the hling of a Service Plan for the proposed Aspen Glen Water & Sanitation District have been
fulfilled and that Notice of the Hearing was given in the time and manner required by law.
Section 2. That the Board of County Commissioners ol Garfield County, Colorado, does
hereby hnd and determine that:
(a) There is suffrcient existing and projected need lor organized service in the area to
be served by the proposed District;
(b) Theexisting service in the area to be served by the proposed District is not adequate
for present and projected needs;
(c) Theproposed special District iscapable ofproviding economic and sulTicient service
to the area within its proposed boundaries;
(d) The area to be included in the proposed District has and will have the hnancial
ability to discharge the proposed indebtedness on a reasonable basis;
(e) Adequate service is not, and will not be available to the area through the County o[
other exiting municipal or quasi-municipal corporations, including existing special
districts, within a reasonable time or on a comparable basis;
(f) The facility and service standards of the proposed District are compatible with the
facility and service standards ofeach County within which the proposed special district
is to be located and each municipality which is an interested party under Section 32-l-
20a(l);
(g) The proposal is in substantial compliance with a master plan adopted pursuant to
Section 30-28- 106, C.R.S.;
(h) The proposal is in compliance with any duly adopted county, regional, or state
long-range wat,er quality management plan lor the area;
(i) The creation of the proposed special district will be in the best interest of the area
proposed to be served.
Aspen Glen Water & Sanitation District
as Exhibits O and T is hereby approved
Section 3. That the Service Plan of the proposed
entered as Exhibit I and the a-mendments entered
without condition or modiftcation.
Section 4. That a certified copy of this Rq;olution
and submitted to the Petitioners for the purpose
County.
be hled in the records of Garfield County
of hling in the District Court of Garfield
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Dated tni Jo*aay of 4t-l*"'^1- , A.D. tg?/
0
ATTEST: GARFIELD COUNTY
C
s0r,0891 ,rr,622
COMM ISS TONERS,
COUNTY, COLORADO
BOARD OF
GARFIELD
Chairrnan
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
vote:
Elmer (BuckeY) ArbaneY Aye
Arnold L. Macklev , AYe
Aye
STATE OF COLORADO
County of Garf-reld
County Clerk and ex-officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
commissioners for said Garfield county, now in my o[Tice.
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said County,
at Glenwood SPrings, this daY of A.D. 19_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
of the Board
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DISTRICT COURT, GARFIELD COUNTY,
Case No. 94 CV 29
ORDER GRANTING PETITION FOR NAME CHANGT
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ln Re: THE ORGANIZATION OF THE ASPEN GLEN WATER & SANITATION
DISTRICT
This matter came before the Court on Aspen Glen Water and Sanitation District's
"Petition for Name Change". The Court being fully informed and advised in the premises,
HEREBY ORDERS that the Aspen Glen Water and Sanitation District's name is
changed and will be hereinafter known as the "Roaring Fork Water & Sanitation District".
DONE this &aY of
CERTIFICr\TE OF t4rULING
'- I cerrily that a copy of
i.oregolng u'as mailed to all
Counsel ofThis I q {4" aay of
%
CO[.,ItsII.JED COURT OF GARFIELD COUNryGLEilwooD spRrNGs, couonnLo -' '
S:::?:hr.:.i.f:ll,rrue and corroct copy of the
EXHIBIT C
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istrict Judge
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DISTRICT COURT. G
Case No. 94CV29
o
r\RF IELD COLINTY.. STATE OF COLO
OF REAL PROPERTY
IN RC: THE ORGANIZATION OF THE ROARTIIG FORK wATER & SANITATIoN DISTRICT(formerly known as the Aspen Gren water & Sanitation District)
Lartrrence R. Green
P.O. DrawerT9O
Glsrwood Splngq CO Slfrl
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This matter having come before the Court upon the petition for order of Inclusion of Realproperty submitted by the Roaring Fork water & Sanitation Districr, and rhe courr, havingconsidered said Petition and the order for Inclusion entered by the Board of Directors of the RoaringFork water & Sanitation District submitted therervith, und'b.ing othenvise fully advised in thepremises:
IT IS HEREBY ORDERED:
I ' That the following described real property be, and the same hereby is, included withinthe Roaring Fork Water & Sanitation District:
A PARCEL OF L.AND SITUATE IN LOTS 12 AND 13. SECTION 28 AND IN LOTSl'2'8'9'10'll'12'13 AND 19. sEcrloN 29.-ALL rru rowr.rGip , sourn. RANcE 88 wEsroF rI{E slxrH PRINCIPAL MERIDIAN' !!!NTY or C[iiELD. srArE oF coLoMDo. BErNcMORE PARTICUI.ARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND B.LM. ALU}IINUM CAP IN PI.ACE FOR THE EAST I/4 CORNER FORSECTION 29. WHENCE A FOUND BRASS 91.P LS. Ng+ iU PLCE FOR THE NORTHEASTcoRNER FoR SAID sEsfloN 2e BEARS N o0 DEGREis )i"ir E A DrsrANcE oF 2677.86FEET' wrm ALL BEARINGS CONTAINE-D HEREIN siit'{C iEurrvg THERETo: THENcE N o0DEGREES 27' 5I'E ALONG THE EAST I{I-E OF SETOIL#I'6N 29 A DISTANCE OF 154.77FEET To TI{E TRUE PoINT oF BEGINNII-G FoR mE pnnCil prscnrBED HERETN: THENCEALoNG TI{E NoRTH' EAsr AND sourl{-ERt-v souN-Dnnibe A pARcEL oFr-Ar.{D DEscRIBED AsIN BooK 918 AT PAGE 366 To 367 oF rue nrconoi oi'rire cARFrEr-D couNTy cLERK AlrDRECORDER TIiE FOLLOWTNG 8 COURSES: - --'1
ILL': DEGREES 47' lr w AL.NG AN ExrsrrNc FENCE UNE A DTSTANCE OF 343.s4
'+*: DEGREES 08', s7' E ALoNc AN EXTSTTNG FENCE UNE A DTSTANCE oF 287.71
3) N 76 DEGREES 59' 2I' E ALONG AN EXISTING FENCE UNE A DISTANCE OF 9.75 FEET:
lLi+: DEGREES sr'0s'w ALoNG AN ExrsrrNc FENCE uNE A DTSTANCE oF 130.73
5) S 30 DEGREES 25' 57' E ALONC AN E\ISTING FE\CE UNE A DISTANCE OF 75.33 FEET:
ORDER OF INCLUSION
EXHIBIT D
Return to:
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I trg, *H: DE.REE' 4r' r0'E ALoNc AN ExrsrrNc FEN.E uNE A DT'TANCE oF rej.84
f E= r 7) s 3l DE.REES l4' 48' E AL.NG AN El(tsTiNc FEN.E uNE A DrsrANcE oF 7r.04 FEET:
lEI8*#"'*'s:;i;i!:ii::!'^ix..?,tili=ifi!i.,?il8J.?,1'Jrilsi35#*ff *,
I E; E r',n?ffifrii{:^;;iih$$fi{;1f$g}:31t :$s:, n', r,x,x ;:
I E$ ; :,ffi+li:i{im*$ff,{gji: *;x;: i'rtrxr :iiiflr#.,m'cRysrAl
I E3; iiili;Eiiliii:ffi: Eiiigrn!:::ili:ffi Hil:
I FH i $dflff:iitffiffiil,iititffi ffiiili{ffi? il Hnh u p. NI I liffiU!!,U'#,fli;Til'ssxn#ii'tr-:Lill**M 'N'BBLE
sArDI - GARFI-E.D cou-r'iii i:''o1*o il,tt.'it}[$i*|[frr,",
mH'flH;.',H#i*I I llrru;.*q{[!rH]]*i*t?'f,*n:alm,:xEr#isllrj,.r?}il:x,.,
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couNry .LERK AND REconpEniruE-ior-r-oru,r,t ii.6u-*trr,
I I) N 89 DE.REES 04' 09' w AL.NG THE sorJ-rH-uNE oF sArD Lor 13 A DI'TAN.E oFI I l{ffiEE#:;qT*n-*y,'*or.saro-r.6ii;-'I - oF rse.34 rrerio:a;g,.|Try ft'*;$H.HI.1",1-.3I re. sECrroN 2e A DrsrAr.IcE
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DEGREE' 04' re'w or-oxt'i', erisn*c FEn.G';iE A DrsrANcE oF 40e.84| 4) N 70 DEGREES 07' lo'w ALoNc AII EflsrING FEI.rcE uNE A DIsrAIvcE oF i54.35
I t ffii::-Es 32'4e'w ALoNc AN HrsrrNc FEN.E uNE A DrsrAr.{cE oF 188.80I o) s
38 DE'REES 47' 4s'w ALoNc AI'I ExrsrrNc FEN.E uNE A DrsTAr.rcE oF 306.7sll ffi#=*;.*AL.NG.\NEX,s,I ro lPgryIou rnrlbrlnr_qxJo;i/ffiHo,P.E uNE A DrsrANcE oF 66.15 FEEr
I I :I,:ji+-ffii',',ttii+ffi#sH#i:^HsArD Lor,eADrsrAr.{cEoFI s) N
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I pscnEis o+rooj E nr-o*edr';xr1i,*c rexcE uNE A DrsrAr.{cE oF 30e.81
I
I m,'' DEGREE' 46' 33- v/ ALoNc AN EXI'TING FElrcE uNE A DrsrArvcE oF 3os.8s
I ?:::'';:;r;E;,ne,d c.un,v
Order of Inclusion ol Real properry
Roaring Fork lYater & Saninrionbirri"t
Page 2 of4
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I ";"x,:{';1!;;:;;"'![?l,l',]il,i*o,,,,,,,
the effect ser forth in
rin Order in the real
rrtified copies of the
ty Assessor, and the
by applicable larv.
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I Egr c R S ,'r ,-*rlliToTfl:ffififf':,T::":his Incrusion ordersharrhave th
f ==iI E I E t:; ry "i ...,,J1', t'it:i,i 9.,ff ;'i.,il,::; : #,'il Tl. ;,; : ffi :J i:illJI El S within order to the carfield County Clerk a:..j Recorder, tne carnetd County
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Division of Local Government in th! Depan:ent of Locar Affairs as required b
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DONE in open Court this 2z dsr 1i Z/:'-,-.....,n ,2000.
I -S o 5i'THE COURT:lErl .
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CERTIFICATE oF MAILING
I I ."1"8*'Y-'Ill"1ffi';::,,
I ThistlrFday of I , LLtl.,r *, lg@
I I ,/-tJ*;"=1-o?'\' "ovisri.isD c-ornf c;,oriisri!
je,,,,:.:J::""T:'$#i*I ;:;;,;:;T;,GaryretdCoun**,'J,iighw#;n**r=
O^rdel of llclusion o.f'Real properry
Roaring Fork lVater & Sanitation'District
Page 1 ofJ
District Judge
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ROARING FORK }VATER & SANITATION DISTRICTROARING FORK INVESTMENTS, LLCPRE-INCLUSION AGREEMENT
THIS PRE-INCLUSIoN AGREEMENTT is made and entered into this _ day ofFebruary' 1999 by and between the Roaring Fork wut.. a sunitation District (formerly the"Aspen Glen water & Sanitation District), lcotoraJ"-*.,, district, whose address is gg2gHighway 82, carbondare, coror ado g1623 (,District,), R:;;"g Fork Investments, LLC whoseaddress is 19555 E. Mainstreet, Suite 200, parke., color;l; g0l3g (..Roaring Fork,,) and theBoard of county commissioners for Garfierd c"*,v, i"r"rado (,.county,,).
}VITNESSETH
WHEREAS' the District is a special district, formed and functioning under authority ofc'R's' $$ 32-1-10'-"'.' :1, (west Supp. 1998) and the District,s,,service plan,,ordered anddecreed by the Garfield county oistriJt court in case No.-q+cv 2g, providing water and serverservice in Garfield County, Coiorado; and
,H:ffLt;,1::Xr-T:-^__,,1.::l.lr"d..d"yqloqer of that real property located in
:::T11,:."J13:,i"J:,li:,,i:*-,1".,:il,^il1iffi HlLiliTfi ::fl ::TI:,f ff o'n
;:::.TJ,Tt,',i1T:1,:1 j5:**:.;i;1*,""y:3:-,.*i':ji,t':3',i",1i:l'J"*}lngForkdesires to have included rvithin trre oistrilt;;;ffi#l;in order to receive sewer service fromthe District; and
ffilffi|; Hl,::lH,*:X,_".: l:,:.r set lrth within the District,s service pran and:5::Tln,:.15,o^,.,:t?""*;i;,;"#ffi ;#:l_T,#:,r;"rJ:'X
,,::','J j:Tj:;,:::::11:1iy',iiiryo;ffiil#i8ff[f il;il receiving Districtpropertvincrudedr,vithinthebounda#;;;Jffi:il:H:ff
ll'SH:T"r.rTfiT:,:ff ,"".
WHEREAS' instant to future possible expansions and/or extensions of the District,sserver treatment facilities, the Rose Ranch rroperty h";-b; deemed under tire oistrict,s ServicePlan to constitute' "[r]ealproPerty capaute of being;;;y the facilities of the District...,,as
l|::',ilff],]:o,;'c'R s s :z-r-+oi;';;;;,...
"i,ili;.rusion "i,;;i;;;perty within a
WHEREAS' as provided by the oUT-oF-DISTzucT sEwER SERVICE AGREEMENT("out-of-District contrac.t-) execuied by the District ;li; prior owner of the Rose RanchProperty' the District is obligated top-'uio" sewer r";i;";; the Rose Ranch property upon theterms and conditions contained in such out-of-Dist.i.t.contr"ct; and
RECEIVEDAUG O 619S9
GARFIELD COUNTY
PIINNING DEPARTMENT
109 8TH ST. - SUITE 303
GLENWOOD SPRINGS, CO 81601
EXHIBIT E
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WHEREAS' Roaring Fork has received from the county, pranned unit deveropmentzoning approval ("P[lD") for the Ro:1R11!1, rrop.rtf ror 292 residential units, a golf course,club house and attendant recreational facilitier,-r;ti;.;provar is set forth rvithin Resolution No.98-80' issued by the County and filed for record, ln trr. brn.e of the clerk and Recorder forGarfield county' colorado on 09-Sep-98 at Book r oai, rug, g62 as Reception No. 53 1935. Itis presently estimated that at fuil buiid-out under the above stated pUD approval, the Rose RanchProperty r'vill require sewer service from the District in the total amoun t of 324EQR,s, with one
,t?X ;:Ttsenting
300 gallons per dav (gpd) calcutated in accordance rvith the District,s service
WHEREAS' Roaring Fork has filed with the county a combined application for puDamendment and preliminary plan, seeking zoning onJruuairision approuuj'ro, an added densityof thirty (30) residential uniti, for a total of 322i=esidential units on ir,, Ror" Ranch property. Itis presently estimated that at full build-out under,rr. u*.na.d ptrD, if approved, the Rose RanchProperty rvill require sewer service from the District in the total amount of 354 EQR,s("Maximum Service Demand',); and
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WHEREAS' the District's wastewater treatment plant ("Treatment plant,,), as presentlydesigned and constructed, has the capacity to prouia. ,.*i.1a 106,g00 gpd of total sanitaryse\'ver flow' (or approximately 356 EQR's as defined in ir,. District,s sr.ii.. plan) and althoughunused treatment c.apacity presently exists in the rr.ut*.nt plant all of such unused treatmentcapacity is presently committed to previousty upp.ou.JJ.r.toprn.nts rvithin the District,sboundaries' Therefore, the Treatment Plant wii need ai. .*punded to accommodate theMaximum Service Demand of the Rose Rancn frope.ty; una
WHEREAS' the District's Service Plan and the Treatment plant design provide for theconstntction of treatment capacity expansions ln in...*.ris or phases of 106,g00 gpd orapproximately 356 EeR,s per phase;^and
*HEREAS, Roaring Fork is required under its pIrD approval, to:
[s]ecure a firm commitment of ade_quate sewage treatment, as welr as an agreedmethod of financial security, from the noarinjrort water & sanitation Districtthrough [sic] committed number of taps rr.irr? p.l.ct to be guaranteed atpreliminary plan; and
WHEREAS' Roaring Fork has asr.ldagonsistent with the Arurexation policy of theDistrict and the conditions olRoaring Fork,s puD ;;;;";i, to provide to the District thefinancial security in lhe amount presJntly estimated il;.;r".y to fund the expansion of thetreatment capacity of the Treatment Plant in the .r";;;;;uired to service the Rose RanchProperty at is Maximum Service Demand. Fo. pu.por.r-oiirri, agreement the term prant
Draft P re- inc I us io n A greemen t
Rose Ranch/RFIV&SD
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hereinafter refer to the expansion of the Treatment prant capacity above
WHEREAS' c'R's' $ 32-1-401 et. seq.and the District's Service plan providerequirements and procedures for the annexation and inclusion of property into the District, andspecifically' c'R's' S 32-l-402(lXc) provides ttat agreements may be entered into, .,[b]ehveen aboard and the owners of property roulr,t to be incrudea i, " special district with respect to fees,charges, terms and conditions on which such property may be included.,,; and
WHEREAS' C'R'S' $$ 3l-l-1001(ixd) and 31-35- 402(l)(f)authorize the District torequire reimbursement of its out-of-pocket cosis in prouiaing services to the District,s customers,including but not limited to, sewer connections, incl^usions to the District and planning andrevier,v of line extensions; and
WHEREAS' the District and Roaring Fork desire to set forth the provisions pursuant towhich the Rose Ranch Property will be included within oir,.i.t,, boundaries and pursuant towhich sewer service will thereafter by provided to the Rose Ranch property by the District.
Now THEREFORE, for and in consideration of the mutual covenants and promises ofthe parties' and other good and valuable consideration, the ud.quu.y and sufficiency of whic6 ishereby acknowledged and confessed, the District and Roaring Fork, on behalf of themselves,their successors, assigns, heirs, devisees and/or transferees, agree as folrows:
Section I.
Inclusion/ Exclusion of Rose Ranch property
^.,,^*",r,r ur nuse xanc.n rroperty within District. No later than two (2) years from the
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Draft Pre - inc lus io n Agre ement
Rose Ranch/RFly&SD
Page 3
to c.R.s. g 32-1-40r, a petition to have the RosJ Ranch ,il;., #ffi".ffiiln::ti:'-Service Area of the District. For the puTo:e of interpreting this provision, Roaring Forkand the District agree that the Rose nL.h property ,iru[ i" included within the Districtpursuant to a single filing with Distri.t-. jlbeing r[".*p...red intent of the parties thatthe Rose Ranch Property be included within tnJoirtri.iinlt, ,nti..ty in a singleproceeding' as opposed to multiple proceedings addressed to portions or phases thereof.Upon the District's r.ecelnJ of such petition foiinclusion, the District shall perform allnecessary steps required thereunder to include the Rose Ranctr property within theDistrict, including, but not limited to, the holding of ttre necessary public meetings asrequired by statute, and, if the Petition is_granted, obtaining an order of inclusion fromthe Garfield county District court and filing and recording said order with the Garfieldcounty clerk and Recorder, the Garfield cou.rty a.r"rror--d the Division of LocarGovernment.
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nerrnoursement ot Dtstrict Costs. Roaring Fork shall reimburse the District all actual
;"i[iffi:Tt'.i,1,*?l::::T:i-1'::l::liin'r,'io,oiir,.*",.Ranchpropertyrvithinthe District including ail engineering, legar, inspection, ortr, ".,J;'ffi;::::lJ""n"related expenses, on receipt of itemtd billings ro, ilror. ,.rvices from the District. Allsuch amounts shall be due within thirty 1:o; auy, of the aaie orthe bill, rvith interest onany overdue amounts to be assessed aione percent (r%) permonth. In the event theDistrict is forced to pursue co,ection of any urornt, au, uro unpaid under thisprovision, it shalr be entitred to corect ulJ?*"v fees, filing and lien recording feesincurred in such collection efforts in addition ,. ,rr. rrplii amounts due, plus interest.
4' District charees' Upon being annexed within the District and pursuant to c.R.S. $ 32-l-402(l)(c)' the Rose Ranch Pioperty shall be, ,uui.ct to the following limitations, liablefor its proportionate share of tlie taxes and ctra.ges to be assessed by the District:
A' consistent with the District's designation of the Rose Ranch property underParagraph 3' of this Section, and until such time as such designation may berevised, all such taxes, rates, tolls and./or charges assessed against the Rose RanchProperty shall be determined in accordan.. rrirt, the amount-of charges and costs
Draft P re- inc I us io n A greement
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3' Provision of water Service' Under the terms and conditions of the District,s Service pranas presently approved, the District may not provide domestic rvater service to propertiesoutside its initial boundaries (i.e., the Aspen cten prro), either through annexation orcontract' without first obtaining approval for a modification of its Service plan. TheDistrict therefore finds that',d.. the terms of its existing Service plan it is infeasible andimpracticable' and contrary to the good of the entire district, to extend the District,s waterlines and facilities to the Rose Ranch Property r".,rr. purpose of providing domesticwater service thereto, or to assume any management or administrative duties orresponsibilities relating to the provision oraol.rii. water service to the Rose Ranchproperty. In accordance with the above, urd pu.suunito c.R.S. $ 32_1_1006 (rxbxl), theDistrict hereby designates the Rose Ranch property u, u ,.*"r-only area of service. Thedesignation of the Rose Ranch Property u, u r.*..-only area of service shall remain ineffect until such time as the District, acting within iriu.iroi.tion and uu,t o.iry u,provided by larv, finds by resolution that iiwould be feasible and for the good of theentire District to extend its water lines to ,r,. no.. n*ch property for the purpose ofproviding domestic water service thereto. Th. p";i;*k";;il;;;;';o." that theDistrict mav not make such finding until and d;;;i;) the Districl and Roaring Forkenter into a separate agreement for the provision oiaomestic water service to the RoseRanch Property upon terms and conditions u...piuur, to the District; and (ii) the Districtobtains the necessary approval of a modification to its service plan to allow the extension
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lines to the Rose Ranch Property and the provision of domestic ,uut.. service
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incurred by the District relating solely to the provision by the District of serverservice to the Rose Ranch property; and
B' any and all service billings or charges as the same are defined under the District,sService Plan and Rules and Regulations, shall be charged uguirrt the Rose RanchProperty on a lot by lot basis solely, foliowing the deiivery"thereto of Districtsewer service' Nothing in this subparagraph shall be consirued to prohibit theDistrict from assessing stand-by.t u.g.". to lots within the Rose Ranch propertyso long as the District's sewer iines hlue been extended to the Rose RanchProperty and the District assesses stand-by charges to all property within itsboundaries
5' Exclusion oflRpsg Ranch Property. In the event Roaring Fork and/or the District areunable to satisfy the conditions set forth within this Agreement and/or are otherwiseunable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to c.R.S. $ 32-l-501(l)' file with the District a petition to have the Rose Ranch property excluded from theDistrict' upon receipt of such petition by n"uirg rork, the District shall pursuant toc'R's' $ 32-1-502(4), exclud. ih. Ror. i.ur.h p;;perty from within the District and thisAgreement shall terminate without further action uling required of the parties. Theprovision thereafter by the District of sanitary ;;*;. service to the Rose Ranch propertyshall be governed exclusively ri*l the terms unJ i.oui.ions of the out-of-DistrictService Contract incorporated within the Service piun u, Exhibit L.
Section II.
Treatment plant Expansion payment
l ' Financine for Plant Expansion. Following inclusion of the Rose Ranch property within theDistrict pursuant to section I. hereof, urJfor,rr. furpo* of securing financing for thecosts of constructing the Plant Expansion, nou.in! rork shall provide to the District:
A' a cash payment totaling $657,580, which amount is equal to the estimated costsinstant to the permitting, planning *a .onri*ction of the plant Expansion set forthand certified by the District Engineer o, B*rribit B attached hereto andincorporated herein by this refeience; o, - --
B' such other form of sec'n]li:',,11ry *i.n,abre to the District and the countv, inthe amount set forth in paragraph l.A. of this Section.
2' Timing' Roaring Fork shall provide the frnancing required under paragraph l. of thisSection' coincident with or irior to recording wiit in the public recordf of Garfield county,colorado' the first subdivision final plat f";;y;;;perty within the Rose Ranch property.
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Separate Account' AII funds paid by Roaring Fork under this Agreement for purposes ofPlant Expansion shall be depositea uy ttre pilt.i.t i, . r.p".",e interest bearing account tobe maintained exclusively for the purpose of paying ail costs instant to the permitting,planning and construction of the Plani Expanrion. iaia runas shall not be ivithdrarvn bythe District or pledged by the District as security for any project or activity not relevant tothe purpose above stated without the prior written .onr.ni orRoaring Fork and theCounty.
Section III.
Construction of plant Expansion
Project control' The District shall have exclusive control, authority and responsibility overall matters related or pertaining to the permitting, ptunning urd construction of the plantExpansion.
Report of the Pistrict Eneineer. Prior to incurring any costs toward the permitting,
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Rose Ranch/RFLI/&SD
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a report prepared by the District Engineer updating all costs related to said ,.r,,ffi,t"'"planning and construc-tion. It is expiesrty u.t ro*i.a*.J rra agreed that the updatingofcost required hereby shall considerand assess against Roaring Fork, if applicable, a pro-rata share (with existing users of the District's d.iriri.rl oi*y increased or advancedwastervater treatment plant technology that is requiredi a result of more stringentdischarge parameters, together witn I pro-rata share of plant improvements that benefit theentire District and not just the Rose Ranch Properry 1" !- .i,rage de-watering, mechanicalbar screen)' In the event the updated costs exceed the eiiimated costs set forth in ExhibitB attached hereto, the District Engineer shall include within his report, a writterljustification supporting such costlncreases. Roaring Fork shall reimburse to the Districtwithin thirty (30) days of its receipt of the same, all reasonable costs and expensesincurred by the District in preparing the District Engineer,s report.
Within thirty (30) days of its receipt of the
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::f',j* $:,',.:'::j^u.'::1'.:'^:.fTT 111 Il ,hi .;,;' ;;;;rth therein rrRoaring Forki;'il, ffi;'*il,il8'1,?,'I*:1,,:t*j*:, g.:) days of its receipt of the,;;, .,;'#;J#,li,,ll;liJ,ill.i
ffi.,ii:J,ffiT",ixi"'"'costs among the parties.
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4.Pa'vment of Increased costs. within thirty (30) days of its acceptance of the District
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pursuanr to paragraph 3 of this s..tron, Rou.ing Fork shail provide to
rayment of cost overnr.ns. Roaring Fork shall pay to the District the total amount for all
;:;iflr:"#ns within thirtv (go) o;vr of its, u.."itu.,.. or-,r,. same pursuant to paragraph
A' a front-end cash payment in the amount constituting the difference between theamount paid to the District by Roaring Fork pursuant to Section II and the totalamount of costs set forth in the District Engineer's report, which payment shallimmediately be deposited by the District in-tt . account maintained by it underSection II; or
B' additional security in a form acceptable to the District and the county in theamount constituting the difference between the amount secured by Roaring Forkpursuant to Section II and the total costs set forth in the District Engineer,s report.
cost ovemrns' If, subsequent to the acceptance by Roaring Fork of the costs set forth inthe District Engineer's report of updated costs pursuuntioiu.ugraph 2 of this Section, theDistrict incurs "cost lyemrns" auring the permitting, pranning and construction of thePlant Expansion, the District shall imirediaiely pro"Ia. *Jtten notice to Roaring Fork ofthe nature and extent of said cost ovemrns. For purposes of this provision, ..costovemrns" shall be defined as the increa^sed costs actuary incurred by the District in tliepermitting, planning and construction of the Hant rxfa;r;, over and above the estimatedcosts for the same set forth within the District Engin.ir;, ,.pon and accepted by RoaringFork' within five(5) rlays of receipt of such r"-ri."., n"ir, t".t shall provide writtennotice to the District of the objections of Roaring a*k,;;r, to the cost ovemrnsclaimed by the District' tf no tbjections to.theglport ar" proriaed to the District byRoaring Fork within this time period, Roaring rork shalt i. a....a to have accepted allthe cost ovemrns set forth theiein. irnoarirrg Fork provides notice of its, objections tothe District pursuant to hereto, the District ,hult, *ithi, nr. fsl days of its receipt of thesame' establish a date, time and location ro. aioint m..ting ortrr" parties for the purposeof determining the a,ocation of these costs among the parties.
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7.Notice to District' In order to facilitate the Distict's ability to plan for and construct thePlant Expansion' Roaring Fork shall timely provide to tnebistrict notice of the filing byRoaring Fork of all future applications for-final pro ruuJiuirion approvars appurtenant tothe Rose Ranch Property uro 1r. time period wittrin *rt.r, Rou.irg Fork reasonablyanticipates County approvals for the same will be received.
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Section IV
Connection to District Facilities
^ ^"""""'' 'ut "-uttttectton to ulstnct Facllities. upon providing written notice to the
:i:,* ?:i::::1'F lll*:irea prwisio.,s orti,is eg...rrn,, Roaring Fork shall beal lowed to connect the Ros e RancrL prope.tl; ;; ; tff;rffi ;ilHiil;ff :H:".wastewater treatment service from the District.
costs' Roaring Fork shall pay all infrastructure costs for connection to the District's selersystem and Treatment Plant, including, but not limited to, th. costs of internal collectionIines, necessary extemal joint trunk oi interceptor lines, outfall lines, lift stations, otherappurtenant collection facilities, and its own administrative costs. In the event RoaringFork oversizes any lines, lift stations or other facilities in connecting the Rose RanchProperty to District facilities, it shall be.entitled to recoup the oversizing costs from thoseowners and customers benefitted by such oversizirg. ro', this purpose, Roaring Fork andthe District shall execute an appropriate reimbrrr.ri.nt agreemert incorporating terms noless favorabre to Roaring Fork it un tt " terms contained i, tt . construction andReimbursement Agreement executed by the District und Arp., Glen Golf partners andincorporated within the Service plan as Exhibit J.
rPv'urs'\rurr rarr
Plans and specifications' All sewer lines and facilities on the Rose Ranch property shallbe constructed and installed in accordance with the District,s Rules and Regulations ineffect from time to time and all applicable terms, .onoiiionr, restrictions and schedules setforth in the subdivision approvals issuea by the counrv ro, the Rose Ranch property. TheParties acknowledge that the infrastructure to be instalied within the Rose Ranch propertywill be constructed by Roaring Fork in accordance with the phasing schedules set forthwithin the applicable subdivirion upp.ouals issued by the county for the Rose RanchProperty' upon completion of the final engineering ano design plans for each respectivephase of the facilities to be constructed on the Rose-Ranch property, Roaring Fork shallforward these plans to the District Engineer, who shail approve or disapprove the planswithin thirty (30) days of receipt, and-whose upp.o.rut-ri'uiinot be unreasonably withheld.In the event the Distri.ct Engineer disapproves of such plans, he shall provide writtennotice to Roaring Fork describing with specificity,rr. i.*om for his disapproval and thechanges necessary to make the plans andspecifi*tion, u...ptable to the District. In theevent the District and Roaring Fork u." rnubl. to reaci agreement on the required plansand specifications' the partieshereby agree to approach the District Board of Directors forresolution' Upon approval, the District and Roaring ro.r.rrruu execute in duplicate adocument clearly specifying the approved plans *; r;;i,"ations to provide both partiescertainty as to the agreed upon ptans and sfecifications-
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Chanse Orders. To facilitate completion of the facilities on the Rose Ranch property in
accordance with the rules and regulations of the District, Roaring Fork, its' contractors and
agents may propose reasonable change orders, of which Roaring Fork shall provide the
District with notice and copy of the same. Within three (3) days, or such lesser period as
may be required under the circumstances of receiving notice and a copy of the proposed
change order(s), the District shall either approve the same or propose an alternative(s)
which rvill not result in unreasonable delay. If the District fails to approve the change
order or suggest an alternative within three (3) days, Roaring Fork may proceed with the
change. All approved change orders, including any change order deemed approved, shall
be incorporated into and become part of the agreed upon plurc and specifi.utionr.
Inspections. The District shall have the right to inspect all facilities and work on the Rose
Ranch Property prior to the dedication of such facilities to ensure compliance with the
agreed upon plans and specifications. Roaring Fork shall reimburse the District for the
reasonable actual costs of such inspections.
Warranty' Roaring Fork shall warrant all facilities conveyed to the District for a period of
two (2) years from the date that Roaring Fork's Engineer certifies in writing that the
facilities have been constructed and installed in compliance with the agreeJupon plans
and specifications, and any duly deemed or approved change orders, which date shall ilso
be known as the certification date. Specifically, Roaring Fork shall warrant that any and
all facilities conveyed to the District shall be free of anydefects in materials or
rvorkmanship for a time period of two (2) years.
Dedication of Facilities: Lien Waivers. Within ten (10) days of the certification date,
Roaring Fork shall dedicate and convey to the District by appropriate instruments of
conveyance those portions of the facilities certified by Roaring Fork's Engineer pursuant
to Paragraph 6 of this Section. The District shall accept such dedication within thirty (30)
days thereof, and thereafter title to any facilities so dedicated and conveyed shall be vested
in the District. Roaring Fork shall provide the District with lien waivers from all
contractors, subcontractors, an material suppliers for work and materials fumished in
connection with the facilities conveyed.
Conveyance of Easements. Roaring Fork shall by special warranty deed convey to the
District nonexclusive easements necessary for the District to maintain, operate, repair, and
replace the facilities located on the Rose Ranch Property and dedicated to the District ,free and clear of all liens, encumbrances, and title defecis which could defect the District,stitle, and any title defects which would affect the District's ability to use each easement for
its intended purpose. Roaring Fork shall and hereby does reserve the right to use in
common with the District any easements it conveys to the District for ingress and egress
and for all utility purposes not inconsistent rvith the District's use. The District shall
Draft Pre-inclusion Agreement
Rose Ranch/RFly&SD
Page 9
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notify Roaring Fork of its plan to excavate any easements on the Rose Ranch property,
and shall make all reasonable efforts to minimize disturbance to the owner(s) and the
user(s) thereof. All easements conveyed or established pursuant to this paragraph shall be
and hereby are subject to the obligation of the District to repair and revegetale disturbed
areas to a condition and grade substantially similar to that which existed before the
disturbance.
Control of Facilities. Once conveyed to the District, and subject to the warranty
provisions of Paragraph 6 of this Section, the District shall be solely responsible for
operation, maintenance, repair, and replacement of all facilities located upon the Rose
Ranch Property which are dedicated to the District. The District shall at all times operate
the district facilities in an economical manner, and shall make repairs and replacements to
assure continuous operation.
Release of Security' Completion of construction of all facilities required to be constructed
on the Rose Ranch Property under this Section shall be secured ,rrd.. the applicable
Subdivision Improvements Agreements to be executed by Roaring Fork with the County
instant to the final platting of the Rose Ranch Property. irior to the release of said
security by the County, Roaring Fork shall provide satisfactory evidence to the County
that the dedications and conveyances required under Paragraphs 7 and 8 of this Section
have been made to the District.
Section V.
Calculation of Tap Fees
and Payment of Common Element Surcharge
Transfer of Tap Rights. The right to receive one EQR of sanitary sewer service and
wastewater treatment capacity from the District's facilities shall be known as a,.TapRight". Upon receiving from Roaring Fork pursuant to Section II, paragraph 1 financingfor the Plant Expansion, the District shall assign to Roaring Fork in the iorm of prepaid
"Tap Fees" all the Tap Rights that will be created by such plant Expansion.
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Tap Rights Appurtenant to Rose Ranch Propertv. All of the Tap Rights assigned toRoaring Fork under Paragraph 1 of this Section, shall be deemed appurtenant to the Rose
Ranch Property and as such, shall not be assignbd, transferred or.o.rr"yrd by the District
or Roaring Fork to secure or provide District sanitary sewer service to other properties
located outside the Rose Ranch Property without the prior written consent of the County,the District and Roaring Fork.
Determination of Tap Fees. The Tap Fee to be charged for each Tap Right shall be equalto the sum of:
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An amount to be established from time to time by Roaring Fork in its sole
discretion r,vhich shall be based upon the actual costs incuned or reasonably
estimated to be incurred by Roaring Fork under Sections II,III and IV of this
Agreement, prorated on a per EQR basis, plus interest. Roaring Fork shall initially
establish this amount prior to the sale of any lots within the Rose Ranch property
and shall provide notice of the amount of such tap fee to the District; thereafter,
Roaring Fork shall be entitled to adjust the same no more than one time annually
and shall provide written notice of such modified tap fee to the District no less than
trventy (20) days prior to the date any such change is to be implemented by the
District.
An amount ("capital Reserve") to be established by the District at its sole
discretion which amount shall be:
l. based upon the estimated required future capital repair/replacement costs to
be incurred by the District instant to the continued operation of the
Treatment Plant and sewer facilities; and
2. applied uniformly against all Tap fughts issued to properties within the
District's boundaries or service area, subject to the right of the District io
adjust the Capital Reserve element based upon the number or size of lift
stations, ifany, necessary to serve any particularproperty.
Payment of Common Element Surcharge. The Common Element Surcharge represents a
per EQR charge for the oversizing of facilities previously constructed within the
Treatment Plant and benefitting properties located outside the Aspen Glen planned Unit
Development. The parties hereby agree that the Common Element Surcharge which
benefits the number of tap rights to be acquired by Roaring Fork under this Agreement is
5370,596.00. Roaring Fork agrees that it shall pay to the Dirt.i.t the sum of $370,596.00,
together with interest at the rate of six percent (6%) per annum from the date hereof until
paid, in full satisfaction of its obligation to pay the Common Element Surcharge in one (1)
payment prior to the date that Roaring Fork is allowed to make any physical connection
from any of the Rose Ranch Property to the District's wastewater treatment plant. It is the
express intent of the parties that none of the Rose Ranch property shall be entitled to
physically connect to the District's facilities or receive wastewater treatment service
therefrom until Roaring Fork pays the District the Common Element Surcharge as
provided in this paragraph.
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Section VI
Conditions to District Service
l ' District Service Conditions. The District's obligations to provide sewer service to the Rose
Ranch Property shall be expressly conditioned upon the satisfaction of the following:
A. inclusion of the Rose Ranch Property within the District pursuant to the provisions
of Section I, paragraph 1.; and
B' receipt by Roaring Fork of all applicable County subdivision approvals for the lots
or properties within the Rose Ranch Property requesting Districi selver service; and
C. receipt by the District pursuant to Section II, Paragraph 1, of the required financing
for the Plant Expansion and payment by Roaring Fork of any increased costs for
the Plant expansion as provided in Section III; and
D. satisfactory performance by Roaring Fork of the requirements and conditions to
connection to District Facilities set forth in Section IV; and
E' receipt by the District from each lot owner requesting District sewer service of
rvritten evidence that Roaring Fork has been paid the "Tap Fee" applicable to the lot or
direct payment to the District of the applicable Tap Fee as provided in paragraph 2 of this
Section; and
F. Receipt by the District of the Common Element Surcharge as provided in SectionV; and
G. receipt by the District of al1
Section III and Section IV; and
amounts required to be paid by Roaring Fork under
H' Satisfaction by Roaring Fork of any other term and condition required of it under
this Agreement.
2' Reimbursement to Roarine Fork. In the event the lot owner requesting District Sewer
service has not paid to Roaring Fork the Tap Fee as aforesaid, the District shall require
such lot owner to pay to the District the then applicable Tap Fee for users within the Rose
Ranch Property, prior to receiving service from the District. In such event, the District
shall rebate to Roaring Fork the full amount of such Tap Fee, excluding that portion of the
same attributable to Capital Reserve, prior to authorizing such lot o*n.i to connect to theDistrict's facilities and receive service therefrom. The District shall make payment to
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Roaring Fork under this provision rvithin sixty (60) days of its receipt of payment of a TapFee from the rot owner requesting District ,.*.i service.
3' oblieation to Provide Service. upon satisfaction of the foregoing conditions, the Districtshall be obligated to provided sanitary sewer service to the Rose Ranch property as thedemand for the same arises for the number of EQR's represented by the Tap Rights issuedto Roaring Fork under the provisions of Section V, *itliout further payment to the Districtof any system improvement fees charged by the District which are attributable toTreatment plant expansion or systems enlargement.
Section VII
Dispute Resolution
In the event the parties are unable to agree upon any matter addressed within thisAgreement, each party shall select an engineei to ..pr.r.ri it, int"..sts. The selected engineersshall then appoint one engineer, who shall provide a determination upon the matter in dispute. Inthe event this process of settlement fails, the parties agree to resolve such dispute by arbitration inaccordance with the rules and regulations of the Amelcan Arbitration Association then in effect.The determination of the arbitrator shall be final and conclusive and judgment may be enteredupon it in accordance with applicable law in any court having jurisdiction thereof.
Section VIII
Compliance rvith Rules and RegulationsNon-discrimination
Upon inclusion of the Rose Ranch Property within the District and subject only to theterms and provisions of this Agreement, Roaring Fork and the owners or customers within theRose Ranch Property shall be bound by and comply with the District Rules and Regulationsapplicable to properties within the District as the same rn.y U. amended from time to time.
Section IX
Audits, Reports and Inspections
The District shall maintain the records, accounts, and audits required by statute or whichwould be kept under normal business practice, ana copie. of suctr ,..oid, shali be provided toRoaring Fork upon request' Each parly shall keep fuli and accurate records of all constructioncosts and related costs, which shail bsmade arailabl. ufon r.quest. The District shall have theright to inspect the facilities located upon the Rose Ranch property as provided in the District,sRules and Regulations, and Roaring Fork shall, upon no,i.. to the District, have the right to
i::ffi:::" District's wastewater treatment plant, i.*., lines, lift stations, and other appurrenant
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Section X
County Obligations
The County's duties and obligations under this Agreement are and shall be limited to those
duties and obligations set forth in Section II, Paragraph 3, Section IV, paragraph l0 and Section
V, Paragraph 2.
1.
Section XI
General Proyisions
Termination. This Agreement shall be in full force and effect until terminated by mutual
agreement by the parties hereto, or as provided by law.
Good Faith. Because of the need for a regional wastewater treatment facility, the parties
agree to proceed in good faith with the implementation of this Agreement. The parties
further agree to negotiate in good faith for future financing and construction of additional
Common Elements, wastewater treatment plant capaciry, ;d any other facilities.
Service Plan Inteeration. This Agreement and its Exhibits shall be incorporated in the
District's Service Plan, as though set forth there verbatim.
Compliance with State and Federal Law. This Agreement shall not be construed to be in
violation rvith the laws of the United States or the State of Colorado, nor in any manner
which adversely affects or diminishes the financing capabilities of the District.
Enforcement: Specific Performance. In the event of any material failure by either party
hereto to comply with the terms of this Agreement, the other party shall have standing io
bring suit at law or in equity to enforce compliance herewith. It is expressly agreed that
any default in the provisions hereof may be specifically enforced. This Agreement shall
be construed in accordance with the laws of the State of Colorado, including the Special
District Act, C.R.S. gg 32-l-101, et. seq.
Non-Merser. Each party's obligations under this Agreement shall be assignable to any
grantee, purchaser, transferee, or assignee ofthe party's interest, and shall survive any
such conveyance, purchase, transfer, or assignment.
Covenants: Recordins. The provisions of this Agreement shall constitute covenants
running with the lands affected thereby, and upon execution this Agreement shall be
recorded in the records of the Garfield County Clerk and Recorder and shall thereafter
constitute actual notice of the terms and conditions hereof to any and all future users of
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District services on the Rose Ranch Property, and all owners, tenants or other persons rvho
occupy units or reside upon the Rose Ranch Property.
Attomeys' Fees. Each party shall bear its own attorneys' fees incurred in the negotiation,
execution, and implementation of this Agreement. However, in the event arbitration or
litigation is necessary to enforce the nghts of the parties to this Agreement, as betrveen
themselves, the prevailing party in such arbitration or litigation shall be entitled to
reasonable attorneys' fees and costs actually incurred.
Complete Agreement: Amendment. This Agreement constitutes the entire and complete
agreement between the parties, and any modification or amendment hereto shall be
evidenced by a writing signed by the parties.
Bindine Effect. This Agreement shall be binding upon and inure to the benefit of the
parties, their heirs, successors, grantees, and assigns. Nothing herein shall prevent
Roaring Fork from selling its property and the benefits and obligations of this Agreement
shail be appurtenant to the property conveyed.
Authority. Each person executing this Agreement represents and warrants that he has been
duly authorizedby the party which he purports to represent to execute this Agreement, and
has authority to bind said party to the terms and conditions of this Agreement.
No Waiver. No provision of this Agreement may be waived except by an agreement in
writing signed by the waiving party. A waiver of any term or provision shall not be
construed as a waiver of any other term or provision.
Headings. The paragraph headings in this Agreement shall not be used in the construction
or interpretation hereof, as they have no substantive effect, and are for convenience only.
Severability. If any part or section of this Agreement shall be found void or invalid by a
court of competent jurisdiction, such finding shall not affect any remaining part or section,
and said remaining parts or sections shall continue in full force and effect. The parties
shall renegotiate in good faith any matter addressed by a part or section that is found void
or invalid.
Notice. All notices required under this Agreement shatl be in writing and shall be hand
delivered or sent by registered or certified mail, return receipt requested, postage prepaid,
to the addresses of the parties herein set forth. All notices so given shall be considered
effective seventy-two (72) hours after deposit postage paid in the United States Mail with
the proper address as set forth below. Either party by notice so given may change the
address to which future notices shall be sent.
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Notice to:
With copy to:
Notice to:
With copy to:
Notice to:
Draft Pre-inclusion Agreement
Rose Ranch/RFIY&SD
Page l6
Roaring Fork Water and Sanitation District
9929Highway 82
Carbondale, Colorado 81 623
Lawrence R. Green
Balcomb & Green P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Roaring Fork Investments, LLC
Attn: Ron Heggemeier
Heggemeier & Stone, P.C.
19556 East Main St., Suite 200
Parker, CO 80134-7374
Timothy A. Thulson, Esq.
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Garfield County Department of Building and Planning
Attn: Mark Bean
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
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IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals
on the day and year first written above.
ROARING FORK INVESTMENTS, LLC
By
By
Z
Ronald R. Heggemeier, Manager
aAT+EST:
ROARING FORK WATER AND SAMTATION
DISTRICT
BOARD OF UNTY COMMISSIONERS,
GARFIELI LINTX, COL
---r\ -.,
____r
Clerk
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ilUililt flilililt]ilr ilillill]ilt ]il1ililt
5O3O25 t2/3L/1996 03:13P 81005 P233 319t of 2 R tl.OO D O.00 N 0.00 GRRFIELD C0UNTY CLER
QUITCLAIM DEED
This deed, made this l6th day of December, 1996, between ASPEN GLEN GOLF
COMPANY, a Colorado Limited Partnership (Grantor) and ASPEN GLEN WATER &
SANITATION DISTRICT (Grantee):
WITNESSETFI, that the grantor for and in consideration of the sum of One Dollar and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell,
convey and quit claim unto grantee, its successors and assigns forever, all right, interest, claim and
demand which the Grantor has in and to the water rights together with improvements, if any, situate,
lying and being in the County of Garfield and State of Colorado described in Table Nos. I and Z:
AN UNDIVIDED INTEREST IN THE FOLLOWING DESCRIBED WATER RIGHTS:
TABLE #1
The above described water rights having had their point of diversion changed in Case No. 93CWl92
to the Aspen Glen Wells No. l-7.
A IOOYy UNDIVIDED INTEREST IN THE FOLLOWING DESCzuBED WATER RIGHTS:
TABLE #2
{La,,, -m.'
Lhr+rence R. Green
Delaney & Balcomb, p.C.
P.O. Drawer 790
Glenwood Springs, CO g1602
:::::::::lil{J:ASG :NOa::::l:l:::l:: j
r .:lri.l.f[ft;nl;$ .,ri..iii..i
,,,t,,,,,',:,,:.'GfAn tOrii :,:,.,t,:,,t,,]
:::'.i.:. IiitCf+il ifo :tif .rii:i:r.::i
,,,,,,,,,,irr*usfirrea,,,,,,,,,,,,
Kaiser & Sievers Ditch 0s/l 1/l 889 l l/02l1885 c.A. t32 4.00 57.5Yo
(2 30cfs)
13.8Yo
(0.3l7cfs)
Kaiser & Sievers Ditch
First Enlargement
05/l 1/1889 rolt2/1886 c.4.132 3.6 82.sYo
(2 97cfs)
13.9Yo
(0.4l0cfs)
Kaiser & Sievers Ditch
Second Enlargement
0812611910 04/15/1902 c.A.1432 2.0 82.50
(l.65cfs)
t3 80
(o.227cfs)
Crane and Peebles Ditch 0410611909 04/01/l 88s c.A. l3sr 6.4 97.5Yo
(6.24cfs)
13.lYo
(0.820cfs)
Aspen Glen Well#1 100yo
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #2 10131195 93CWt92 100%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #3 93CWl92 l00o/o
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #4 10131195 93CWr92 100%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
t0l3u95 100%
(l 6 cfs TOTAL for Aspen GIen Wells
I through 7)
Aspen Glen Well#5
EXHIBIT F
t0/31/9s 93CWt92
t0l3119s
93CWt92
::::Ir:i:::rj,:I:Irr:II||:.:|:I:::I::iI.I:::I::|||::I
lr jrPercintsge.:i:....i
::::::con !rollBd,::itti:,,
'::.:::-:.1:.::,}rv::.:.:.::,:::::'
:-' l.iii:,CfantoR:.: ::i:r,:.:
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ilulilr illllililllil lllil]lllt ilt llliltil
5O3O25 12/31/1996 03:13P BIOOS P234 319
2 ol 2 R 11.OO D O.00 N 0.00 GRRFIELD COUNTY CLEF
Aspen Glen Well #6 t0l3U95 93CWl92 100%
(1.6 cfs TOTAL for Aspen Glen Wells
I through 7)
Aspen Glen Well #7 t0l3U9s 93CWl92 1000
(1 6 cfs TOTAL for Aspen Glen Wells
I through 7)
The above described rights are subject to all conditions imposed by the decree in 93CWl92
and all previous decrees.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date first set forth
above.
ASPEN GLEN GOLF COMPANY
By: MANAGEMENT COMPANY FOR
ASPEN GLEN, INC.
a Colorado Corporation, its General Partner
By
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing was acknowledged before me this lZilOurof Decemb er,7996,by
GEORGE R. HANLON, JR., as Vice-President of MANAGEMENT COMPANY FOR ASPEN
GLEN, INC., a Colorado Corporation, GeneralPartner of ASPEN GLEN GOLF COMPANY.
WITNESS my hand and official seal.
818 ColoradoAvenue
Glenrvmd Springs, CO S1@l
My Commlsslon o<plres May O, lggg
R. Hanlon, Jr.
NOTARY PUBLIC